Fort Myers Child Custody Attorneys Serving Southwest Florida
As of 2018, approximately 20.5% of the population in Fort Myers was under the age of 18. The number of children, combined with the significant divorce rates, means there are frequent opportunities for custody disputes. Whether you’re going through a divorce or have children with an ex-partner, child custody must be established when there are kids involved.
At Patrick McLain Law, we understand how much your children mean to you, and we’re ready to help you protect their well-being and your parental rights. At our boutique-style firm, our knowledgeable and caring family law attorneys give each client the attention and advocacy they need during this difficult and stressful time.
A Basic Overview Of Florida’s Child Custody Laws
For more than a decade, Florida courts have dropped the word “custody” and exchanged it with “parental responsibility.” The state relies on shared parental responsibility to determine custody cases, favoring equal time-sharing and decision-making between both parents.
That said, every child custody case is unique. A judge won’t immediately order a completely equal parenting plan. Rather, they will look at the circumstances surrounding the case. They are required to do what’s in the best interest of the child. If that means giving one parent sole custody, then the judge will do that. However, sole custody is rarely awarded in Florida and is usually only done so when there is a history of serious problems like domestic abuse or drug use.
How Do Judges Determine The Best Interests Of A Child?
Most judges believe that children are best served when both parents remain actively involved in their lives. Typically, this means awarding each parent somewhat equal visitation and decision-making ability. To determine what’s in the best interest of a child, a judge considers many factors. They consider the physical and mental health of each parent, cultural or religious considerations, and the stability of the home environment. If a child has special needs, the judge will take into account how each parent accommodates those needs.
When one parent has a history of excessive discipline, domestic violence, or alcohol or drug abuse, the court is likely to hold it against them. While it may not be enough to convince a judge to award sole custody to the more fit parent, it could be enough to limit physical or legal custody.
There Are Various Ways To Resolve Child Custody Disputes
In some cases, two parents agree on every aspect of child custody. They can create a parenting plan that addresses all of the issues and have it signed by a judge. However, it’s more common for parties to disagree.
Before you and your co-parent present your arguments to a judge, you’ll need to go to mediation. The goal of mediation is to have both parents discuss custody and come to an agreement. To facilitate the mediation process, there is a neutral third-party mediator in the room. You’re allowed to bring your attorney to mediation and they will help you determine whether or not an agreement is fair.
If either party refuses to negotiate in good faith or an agreement cannot be reached, you’ll need to go to court. While you are required to attend mediation, you are not obligated to sign an agreement.
In the event that your case goes to court, your child custody attorney will build a case for you. They’ll fight for you in court and will work to get you the agreement you feel is best for your children. Although no attorney can guarantee an outcome, most clients find that working with a skilled family lawyer like those at our firm can make the legal process easier and improve their chances of a favorable outcome.
Contact Us Today And Speak To An Experienced Child Custody Attorney
Reach out to our dedicated child custody lawyers at Patrick McLain Law today to learn more about how they can help. Just call our Fort Myers office at 239-737-3735 or send us a message online. Our firm serves clients in Lee and Collier county and the surrounding areas of Southwest Florida.