Fort Myers Child Custody Attorneys
As of 2024, approximately 19.1% 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. In fact, on July 1, 2023, Florida law recognized that equal time-sharing and decision-making between both parents are within the best interests of a child.
However, this 50/50 setup is a legal presumption. If you want more than 50% of parenting time, you may rebut this by proving that equal timesharing is not in the child’s best interest. You must have a preponderance of evidence proving objective factors, like:
- History of substance abuse or domestic violence
- Clear patterns of parental neglect
- Inability to co-parent and communicate civilly
- Distance between each parent’s homes
- Exposure to criminal activity
- Physical and mental ability to care for a child
- Conflicting work schedule
Thorough preparation is necessary to present your case effectively in court. Your evidence should not be based on parental differences, emotional conflict and other biased arguments. A judge evaluates your claim based on Florida’s 20 statutory factors of a child’s best interests. If you currently have a court-ordered parenting plan, the 50/50 presumption does not apply. Modifying this requires showing permanent, unexpected and substantial change in circumstances.
How Judges In Lee County And Surrounding Areas Evaluate The ‘Best Interests Of The 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.
Resolving Custody Disputes: Mediation Vs. Trial In Southwest Florida
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.