Drawing up a child custody agreement between you and your spouse can be stressful. Despite the divorce, you want your child to grow up in a loving environment. Our dedicated child custody lawyers understand the unique challenges parents face when navigating custody disputes in Orlando.
With years of experience in family law matters, including child custody, we can help protect your children while advocating for your parental rights. We only want what’s best for your children and will help you get that.
Going through a divorce is emotional, especially when children are involved. Trust our Orlando child custody attorneys to safeguard your interests and fight for the most favorable outcome for you and your child.
Finding What Is Best For You & Your Child
When you divorce your spouse, you do not separate from your children. Barring tragic extenuating circumstances, you will need to work with your ex-spouse to co-parent, ensuring you are both in your children’s lives and taking care of your children. To do that, you must work together on creating a child custody agreement that works best for your children, not for you or your partner.
Whether you and your partner agree on what that looks like, you need to have an idea of what you want to present to the court with your partner or against your partner. The Orlando child custody law attorneys at C. Alvarez Law can help.
The Different Types of Child Custody
There are two overarching types of Florida child custody – legal and physical custody – that need to be established, both with their own subtypes.
Legal custody is the legal right to make decisions about how the children will be raised. This includes decisions about their schooling, religion, medical decisions, and more. Physical custody is who is physically caring for the children regularly or for a set amount of time.
How these two types of custody are split between you and your spouse is what makes up your child custody agreement. These types of custody will also define what kind of child visitation and child support you and/or your partner will need. Our reputable Orlando child custody lawyers can guide you in the right direction.
#1. Legal Custody
There are two types of legal custody: joint or sole.
Joint Legal Custody
Joint legal custody, otherwise known as shared legal custody, is where both parents have equal rights to make legal decisions for their child. Joint legal custody comes with certain benefits or restrictions based on your needs/desires. These benefits/restrictions include:
- Shared Decision-Making: Both parents have the authority to make significant decisions.
- Communication: The custodial parent does need to consult the non-custodial parent for decisions unless it’s an emergency or the non-custodial parent can’t be reached.
- Court Preference: Courts usually prefer joint custody unless there are substantial reasons to grant sole legal custody (e.g., abuse or neglect).
In the case of medical emergencies involving the children, the parent who is present may make decisions, but if they are both present and disagree, it can be left up to the doctor’s discretion.
Sole Legal Custody
In sole legal custody, on the other hand, is where one parent has the sole right to make decisions for their children. The benefits and restrictions of this form include:
- Decision-Making: Only one parent has the authority to make significant decisions.
- Communication: The custodial parent doesn’t need to consult the non-custodial parent for decisions.
In most cases, unless one parent is a known abuser or otherwise incapable of making sound decisions for their children, the court will want both parents to have shared legal custody.
#2. Physical Custody
There are many different types of physical custody and it is heavily affected by what kind of legal custody the parents have. For example, if one parent has primary legal custody, they will also always have sole physical custody, with the other parent having visitation time set up for them.
For all types of physical custody, one parent has to have legal custody rights. Otherwise, in the eyes of the law, even an extended visit is just a long period of visitation. When there is a shared legal custody agreement, physical custody can go several different ways:
- Shared physical custody: Both parents will live in the same school district, and the children will go between homes at regulated intervals. They are to be as equal as possible with what the employment schedules of both parents will allow.
- Primary & partial physical custody: This is where one parent is the primary custodian of the children, and the other has visitation rights or even no visitation rights. This is the only physical custody situation compatible with a primary legal custody situation.
- Split physical custody: This is less common and occurs when there are multiple children, and each parent has full physical custody of one or more children. This type of custody often happens when siblings have strong preferences to live with different parents or logistical reasons make it more practical. The courts typically do not want to separate siblings unless the siblings themselves have significant issues. It can be complex and emotionally challenging compared to other types, often requiring careful consideration and professional guidance.
Each type of physical custody arrangement should be made in the best interest of the child, considering factors such as your and your co-parent’s ability to cooperate, the child’s attachment to each parent, and the practicalities of the parents’ locations and schedules. Consulting with our family law professional can provide personalized guidance tailored to specific circumstances.
Contact the Child Custody Attorneys at C. Alvarez Law
Though you will no longer be married when your divorce is final, you will remain a parent forever. Understandably, child custody is immensely stressful and emotionally complex. Regardless of what you have heard, the Florida court system does not give preferential treatment to parents based on gender. In terms of custody, the child’s best interest is paramount.
At C. Alvarez Law, our child custody lawyers in Orlando devote time and resources to understanding the specific circumstances surrounding your divorce and how to protect your child. As difficult as this can be for a parent, take comfort in knowing that you will not face this challenge alone. You will have a dedicated, experienced, and professional legal counsel by your side, working on finding the best outcome for you and your child.
