Child Custody Attorney
Fighting for Your Right to Child Custody in Jacksonville
Determining the physical and legal custody of a minor child is one of the most potentially emotional issues a divorcing couple may face. Jacksonville divorce attorneys at Ellerin Hutchinson have experience handling their clients’ cases with an aggressive, yet compassionate, attitude and helping them deal with the myriad other factors that are an inherent part of a divorce case. If the parents cannot agree on the issue of custody, Ellerin Hutchinson is prepared to aggressively pursue the matter in court.
About Child Custody
Types of Custody
If you are considering how to create a parenting plan after a divorce, you need to be aware of the different types of child custody arrangements which are possible. Legal custody refers to the parent's right to make decisions regarding their child's upbringing, while physical custody refers to where the child lives the majority of the time.
If you have questions about legal custody or need assistance regarding ensuring that you are able to be involved in the raising of your child, please do not hesitate to contact our team. Whether you are seeking joint legal custody or sole legal custody, we will fight tirelessly to uphold you and your children's best interests.
What is physical custody? If are considering filing for a divorce, one of the most important decisions you will have to make is in regards to which parent will receive physical custody. This simply refers to where the child will live. The non-custodial parent will most likely be entitled to visitation rights if they are not granted joint custody, but there are cases where even visitation is denied. Whatever situation you have found yourself in, please do not hesitate to contact a member of our legal team.
Both legal custody and physical custody can be shared between the parents or be the responsibility of just one parent. Joint legal custody means that both parents are able to be involved in making the decisions regarding their child's upbringing. Joint physical custody means that the child lives with each parent for an equal amount of time each year.
Custody vs. Parenting Plan – New Florida Laws
Per new legislation which becomes effective October 1, 2008, the term “child custody” is replaced with “parenting plan” and requires all divorcing couples with a minor child to establish an agreement that ensures the child continues to have frequent and continued contact with both parents once the dissolution of marriage is final. The idea is for both parents to stay involved in the raising of the child and share in the parenting responsibilities.
Visitation is worked out through a time sharing, or shared parenting time, schedule.
When determining the physical custody of the child, it is important to consider the parents’ work schedules, school or daycare schedule, distance between the parents’ homes, the proposed visitation schedule, and most importantly the best interests of the child. The court will generally take the child’s best interests into account as the determining factor in child custody decisions, sometimes considering joint custody. That is why it is vital to have experienced legal counsel to clearly present your Jacksonville child custody case. For this reason, we highly encourage that you seek out the legal assistance of their firm as quickly as possible to learn more about how they can help to protect your rights.