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Family Lawyer & Attorney

There are various types of custody, including physical custody, which regards the day-to-day care of the child and legal custody, which includes the rights and responsibilities associated with decisions regarding the child's upbringing. If you and your former spouse can agree on custody and visitation, the court will almost always approve your written agreement. Otherwise, the court chooses which parent will take custody of the children and decides on visitation arrangements. Our attorneys will take any necessary action on our client's behalf to ensure that the court order's are complied with. Common reasons that parents fail to comply with court custody orders include failure to have the child ready or to return the child on time, failure to understand the court order, and failure to send or return a child's belongings. Our attorney's experience with these and other issues allows us to ensure that both parents are knowledgeable of and in compliance with the court orders.

The Florida Statutes Section 61.13 subsection (3) (a-m) lists out specific factors in which the best interests of the child shall be determined:

(3)  For purposes of shared parental responsibility and primary residence, the best interests of the child shall include an evaluation of all factors affecting the welfare and interests of the child, including, but not limited to:

(a)  The parent who is more likely to allow the child frequent and continuing contact with the nonresidential parent.

(b)  The love, affection, and other emotional ties existing between the parents and the child.

(c)  The capacity and disposition of the parents to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in lieu of medical care, and other material needs.

(d)  The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

(e)  The permanence, as a family unit, of the existing or proposed custodial home.

(f)  The moral fitness of the parents.

(g)  The mental and physical health of the parents.

(h)  The home, school, and community record of the child.

(i)  The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.

(j)  The willingness and ability of each parent to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.

(k)  Evidence that any party has knowingly provided false information to the court regarding a domestic violence proceeding pursuant to s. 741.30.

(l)  Evidence of domestic violence or child abuse.

(m)  Any other fact considered by the court to be relevant.

Contact the attorneys at Taracks Gomez & Associates to discuss the above factors and how they may impact your custody or visitation matter.

 

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