If you need a child custody lawyer, act now! There are three situations where one would need the representation of a child custody lawyer. First, parents involved in or anticipate divorce. Second, parents never married and anticipate separation. Lastly, the court previously addressed the issues of timesharing and parenting but there has been a material, involuntary, unanticipated change in circumstances necessitating the modification of the provisions of the current timesharing and parenting order.
The court must make an “initial custody determination” in every divorce matter involving children. That means unless the parents can decide the issues of timesharing and parenting, then the court will decide those issues. The court makes child custody decisions based on what the court determines to be in your child’s best interest.
The court must consider the factors the Florida legislature outlines in section 61.13 of the Florida Statutes to determine what’s in your child’s best interest. You can present this type of case without expert testimony. On the other hand, the court may order a parenting plan evaluation to assist in making its “best interest” determination.
Cases where the parents are not married are governed under section 742 of the Florida Statutes. However, the best interest factors listed under section 61.13 apply to paternity cases. If you have questions about your rights as a father, you should contact an experienced child custody lawyer as soon as possible. Fathers of children born out of wedlock do not have the same rights as fathers of children born of a marriage. In these cases, fathers of children born out of wedlock must file a petition to establish their right to parenting and timesharing. Fathers of children born out of wedlock should also immediately file a claim of paternity with the Florida Department of Health Putative Father Registry. If you have questions about your rights or your legal status, call today for initial case evaluation. Our child custody lawyer can answer all your questions and make a big difference for you and your child.