The determination of child custody in a Florida divorce case is often an emotional, stressful, and complex issue. Child custody is often a multifaceted matter that takes into account many different factors when determining what arrangement is in the best interests of the child. As a parent, it is important to understand the various options for child custody and how it may affect your relationship with your child. At the Law Offices of David L. Hirschberg in Boca Raton, we zealously advocate for our clients in child custody matters and are prepared to aggressively fight or your right to spend as much time as possible with your child after a divorce. For an evaluation of your case, call or contact our office today.
Legal and Physical Custody
Child custody encompasses both legal and physical custody. Legal custody refers to a parent’s capacity to make decisions about their child’s wellbeing and day to day life. This includes decisions about the child’s schooling, religious upbringing, medical care, and extracurricular activities. Physical custody refers to the parent’s right to have the child reside with them, either full or part-time. In Florida, we do not use the term “custody”. Instead, we use the term parental responsibility as and for decision-making, and we use timesharing as it pertains to parties sharing time with the child(ren).
Factors Considered When Determining Child-Related Issues
The courts in Florida make their determination on child-related issues, including timesharing and decision-making, based upon the best interests of the child(ren). There are several factors that the court considers when ruling on these issues, including but not limited to:
- What parent has been the primary caretaker of the child
- The child’s connection to their community and school
- The child’s preference (if old and mature enough to do so)
- The parents’ ability to effectively communicate with each other
- Any history of substance abuse by a parent
- Any history of physical or sexual abuse by a parent
- The mental and physical health of the parents and the child
- The interactions and relationships between the parents and the child, and more.
Talk to Our Office Now
To learn more about child custody determinations in and for quality legal advice on your case, contact a Boca Raton family lawyer at the Law Offices of David L. Hirschberg today to schedule a consultation.