Miami Child Custody Lawyers

Assisting with Custody Orders and Parenting Plans throughout Miami-Dade County, FL

Orshan, Spann & Fernandez-Mesa, we understand that your child’s best interests are your highest priority. Our child custody attorneys in Miami offer dedicated representation in the pursuit of your goals, striving for a positive outcome with the least impact on your children.

Child custody and child visitation can be agreed upon between the parents through mediation or collaborative law, or it will need to be decided by the court in contested cases. Our Miami custody and visitation lawyers can provide the support you need through such a difficult process while also providing the relentless legal advocacy that you and your child need.

Talk to our Miami-Dade child custody attorneys today – call (305) 853-9161 now to schedule an initial consultation. 

Parental Responsibility & Child Custody Laws in Florida

Florida child custody law provides three types of arrangements relating to parental responsibility and child custody:

• Shared parental responsibility: This custody arrangement requires both parents to confer and discuss all major decisions affecting the best interests and welfare of the children.
• Sole parental responsibility: This custody arrangement applies when shared parental responsibility is deemed to be detrimental to the children and provides for one parent to solely make decisions affecting the best interests and welfare of the children.
• Ultimate decision-making responsibility: This arrangement requires the parents to confer and discuss major decisions, but provides that one of them will have the right to decide specific matters (such as medical decisions or educational decisions or some other decisions unique to the child or family) in the event of a conflict between the parties.

In Florida, the state presumes that both parents are entitled to enjoy the rights and responsibilities of raising their children. The court is required to establish a parenting plan that determines not only custody rights but also time-sharing rights, visitation rights, and the division of parental rights and responsibilities.

However, a parenting plan and time-sharing schedule do not necessarily mean a 50/50 division of parenting time and decision-making. For example, one parent could get 70% of the time-sharing, and the other parent gets child visitation rights for the remainder. Each case is determined based on the particular facts and circumstances of the family. It's essential for parents to be prepared to present clear evidence and compelling arguments to ensure the child’s needs are prioritized effectively.

Understanding Parental Responsibility in Child Custody Cases

When it comes to child custody cases in Florida, it’s important to understand the concept of parental responsibility. Parental responsibility refers to the decision-making authority and responsibilities of each parent regarding the child’s upbringing, including education, healthcare, and religious upbringing. Our experienced Miami child custody lawyers can help you navigate the complexities of parental responsibility and child custody laws in Florida to ensure the best outcome for you and your child.

Key aspects of parental responsibility and child custody in Florida include:

• Legal custody: The right to make major decisions for the child, such as education, healthcare, and religious upbringing.
• Physical custody: The actual physical care and residence of the child.
• Time-sharing: The schedule outlining when the child will spend time with each parent.
• Visitation rights: The rights of non-custodial parents, grandparents, or other relatives to visit the child.

At Orshan, Spann & Fernandez-Mesa, our Miami child custody lawyers are dedicated to protecting your child’s best interests and helping you navigate the complexities of parental responsibility and child custody in Florida. Florida law also emphasizes the developmental needs of children and aims for parental cooperation in cultivating a nurturing environment, which can be a deciding factor when crafting a parenting plan.

Custody Lawyers in Miami-Dade Protecting Your Child’s Best Interests

As your Miami child custody lawyers, we work to make the case that you are better suited to have the children reside with you a greater percentage of the time. If this is not possible, we can advocate to maximize your time-sharing rights. In all child custody cases, we build a compelling argument on your behalf based on an analysis of the applicable law – which is primarily based on a determination of the best interests of the children.

To determine custody in Miami-Dade, courts consider a variety of factors, including:

• Each parent’s ability to facilitate and encourage an ongoing parent-child relationship
• Each parent’s willingness to stick to the time-sharing schedule
• How parental responsibilities will be divided after the separation
• How long the child has lived in a given stable environment, and how important it is to maintain continuity in their living situation
• Where each parent lives or intends to live, and how close the child’s school, extracurriculars, doctor, etc. are to each parent’s home
• The moral fitness of each parent
• Each parent’s mental and physical health
• The child’s preferences, if they are mature enough to have a preference
• Each parent’s ability to provide and maintain a consistent routine for the child
• Any history of domestic violence or child abuse
• Each parent’s parenting skills
• The child’s special needs, if any

We believe it is in everyone’s best interests to come to an agreement without resorting to custody litigation. However, if you are adamant or the other party is unyielding, our Miami custody lawyers are prepared to rigorously defend your interests in a trial, where a judge will make a final decision. Our comprehensive approach includes the use of professionals, like child psychologists, to provide thorough assessments supporting stable and beneficial custody solutions.

Time-Sharing & Child Visitation Lawyers in Miami-Dade

The parent with whom the children do not primarily reside is entitled to time-sharing (visitation), subject to terms negotiated by the parties or set by the court. Our Miami child visitation lawyers can work diligently to earn you the greatest amount of visitation time with the fewest restrictions possible. In applicable situations, we can establish appropriate restrictions on the other parent’s rights. Understanding the nuances of different visitation types, including virtual visitation, can empower parents to maintain meaningful relationships regardless of physical distance.

Time-sharing / visitation in Miami-Dade can be ordered as:

• Reasonable visitation: The parties agree to open, non-specified time-sharing that is not delineated by a specific schedule.
• Fixed visitation: Times and places are negotiated in detail by the parents or the court orders times and places for child visitation.
• Supervised visitation: An adult supervisor must be present during visitation.

Grandparent Visitation Rights in Florida

Grandparent visitation rights can be difficult to secure under Florida law. When determining whether to award visitation to a grandparent, the court will consider several factors established by statute to determine whether it is in the child’s best interests to maintain regular contact. The dynamic can be further complicated by the standing of grandparents in relation to the parents' custodial rights, necessitating a detailed review of each family’s situation to craft appropriate legal arguments.

Modifying Child Custody Arrangements in Miami

After divorce, a parent’s circumstances and the needs of the child may change. Our Miami child custody attorneys can vigorously pursue a modification needed due to a substantial change in circumstances.

Valid reasons for requesting a child custody modification include:

• You want sole custody or greater time-sharing because the other parent’s behavior is a danger to your child’s well-being (e.g., drug use, abusive boyfriend or girlfriend, dropping school grades).
• You wish to relocate out of Florida with your child.
• You are challenging the custodial parent’s relocation petition.
• Other reasons evidencing the best interests of a child.

Many parents find themselves seeking modifications due to changes in employment, which may affect their ability to adhere to a previous custody agreement. Other scenarios include improved behavior or rehabilitation instances that necessitate adjustments to visitation rights to better accommodate the child's evolving needs.

Reasons to Choose Mediation for Child Custody Disputes

When navigating the complexities of child custody, mediation can be a beneficial alternative to traditional litigation. This process allows both parents to work collaboratively with a neutral mediator, facilitating open communication and focusing on the best interests of the child. At Orshan, Spann & Fernandez-Mesa, we believe that mediation can lead to more agreeable solutions, reducing stress for both parents and children alike.

Here are some key advantages of choosing mediation for your child custody matters:

• Cost-effective: Mediation often requires fewer resources and time than court proceedings, saving you money in legal fees.
• Faster resolutions: Mediation can expedite the process, allowing families to reach agreements more quickly than through the court system.
• Greater control: Parents have more say in the outcome, as they work together to create a parenting plan that meets their child’s needs.
• Confidentiality: Mediation sessions are private, protecting sensitive family matters from public scrutiny.
• Improved relationships: By fostering cooperation and communication, mediation can help maintain a healthier relationship between parents post-divorce.

Mediation also allows parents the flexibility to customize solutions unique to their family’s lifestyle. This adaptability can be particularly beneficial in handling complex schedules often experienced in Miami’s bustling urban environment. Our team is dedicated to facilitating this flexible process, ensuring every option is explored for the benefit and stability of your child.

FAQs About Child Custody in Miami

How Does Miami-Dade County Evaluate What Constitutes the Best Interests of the Child?

The "best interests of the child" is a fundamental criterion employed by Miami-Dade courts when determining custody arrangements. Judges assess a range of factors tailored to ensure that the child’s needs are met comprehensively. These factors include the emotional ties between the child and each parent, the capability of each parent to meet the child's needs, and the stability of the family unit. Furthermore, Miami-Dade courts take into account the moral character and mental health of each parent. Any history of domestic violence is critically evaluated. The child’s own preferences may be considered, especially if the child is mature enough to express their wishes rationally. Understanding these variables can help parents prepare for custody hearings and make informed decisions during mediation and collaborative processes.

What Types of Child Custody Are Recognized in Miami?

Miami recognizes several child custody formats that facilitate a flexible approach tailored to each family's unique circumstances. The primary types include sole custody, joint custody, and temporary custody. Sole custody allows one parent complete control over decision-making related to the child’s welfare, whereas joint custody promotes shared parental duties, encouraging both parents to participate actively in their child's life. Temporary custody may be enacted during ongoing court proceedings to ensure stability and continuity for the child. Miami attorneys often recommend agreements that promote cohesive co-parenting for the child's benefit. To align custody choices with the preferred lifestyle and needs, working with experienced lawyers can be invaluable in crafting arrangements that prioritize the child's well-being while minimizing conflicts between parents.

How Important Is the Role of Mediation in Miami Child Custody Disputes?

Mediation plays a crucial role in resolving child custody disputes in Miami, offering a constructive alternative to the adversarial nature of court litigation. This process encourages communication and cooperation, allowing parents to devise parenting plans that cater specifically to their child's needs. Within the Miami context, where diverse family structures and cultural backgrounds may influence custody dynamics, mediation offers a culturally sensitive and economically efficient platform. It not only reduces court costs but also curtails the emotional toll associated with contentious litigation. Parents control the pace and outcome, minimizing the anxieties and uncertainties pervasive in custody disputes. Our team underscores the value of mediation not just in reaching equitable solutions but also in fostering enduring cooperative relationships post-resolution.

What Can I Do If I Suspect My Child’s Safety Is at Risk?

If you suspect that your child’s safety is compromised, immediate action is imperative. In Miami, legal avenues exist to secure emergency custody modifications, providing immediate protection. This might include filing a motion with the court for temporary custody while evidence is reviewed. In circumstances involving potential harm or neglect, collaborating with local authorities, such as the Florida Department of Children and Families, becomes crucial. Documentation of any incidents, including police reports, medical records, and eyewitness accounts, substantiates your claim. Engaging with skilled child custody attorneys can critically assist you in navigating these situations efficiently, ensuring that interim measures are aligned with the urgency of securing your child’s safety.

How Does Relocation Affect Custody Arrangements in Miami?

Relocation can significantly impact existing custody arrangements in Miami, requiring careful judicial consideration. Florida law mandates that parents seeking to relocate more than 50 miles from their current residence must obtain consent from the other parent or a court order approving the move. The relocating parent should demonstrate that the move will benefit the child’s lifestyle, education, or general welfare. Courts balance the advantages of relocation against the disruption it might cause in the child's relationship with the non-relocating parent. A failure to follow these legal protocols may result in court-imposed challenges or reverse custody orders. Consequently, careful legal strategy and thorough representation become indispensable to ensuring the child’s needs continue to remain the focal point throughout the relocation process.

Call Our Miami Visitation Lawyers Today

No matter what kind of custody case you bring us – whether you need to establish, enforce, or modify custody orders – you can rest assured that your case is in good hands at Orshan, Spann & Fernandez-Mesa. With decades of combined experience, our child custody lawyers in Miami-Dade County know how to navigate these matters effectively.

Let us fight for you in your custody dispute. Call (305) 853-9161 now to get started with a child custody attorney in Miami-Dade County.