West Palm Beach Child Custody Attorney
Legal Support for Families in Palm Beach County, FL
Child Custody, also known as Parental Responsibility, is known to be one of the most emotional and contentious types of practice areas that is a part of family law. When spouses divorce and children are involved, it is not just the fracturing of a family that occurs, but also potential repercussions that can affect children for years to come, which is an issue that causes great concern.
In some instances, parents who are angry and distressed as a result of divorce proceedings may find it difficult to think about what is in the best interest of their children. That is why it is so important for them to hire an experienced West Palm Beach child custody attorney. He or she can then offer knowledgeable and dedicated representation.
Navigating child custody matters can be overwhelming, but you don’t have to go through it alone. Call at (561) 677-8090 today to schedule your free consultation with a West Palm Beach child custody attorney or contact us online.
Common Types of Parental Responsibility (Child Custody) in Florida Explained
You may have a general idea of what parental responsibility (child custody) entails, but the truth is that there is more than one type of custody that a court can grant one or both parents:
Sole Parental Responsibility (Sole Custody)
This type of parental responsibility/child custody is awarded to a parent or a guardian if the other parent is deemed unfit to raise the child. The parent who is awarded sole parental responsibility makes all decisions involving the child. In some cases, the family court will award this type of parental responsibility in a way that gives the other parent the opportunity to take part in the child’s life, once they have been reinstated as fit to raise their child.
Shared Parental Responsibility (Joint Custody)
Shared parental responsibility is awarded to both parents and is on par with the terms of joint custody. The court usually awards this custody to both parents who demonstrate that they are fit to raise the child, and is in the child’s best interest. This type of child custody can be awarded even if the two parents have never married. Sometimes the Court designates one parent as the ultimate decision-maker on healthcare and education, with all other areas being shared.
Florida courts strongly favor shared parental responsibility, where both parents have equal say in making decisions for the child. However, there are situations where a court may grant one parent sole parental responsibility. These situations may arise when one parent is deemed unfit to make decisions for the child due to issues like substance abuse, domestic violence, mental illness, or a history of neglect.
Can a Mother Keep the Child Away From the Father in Florida?
Even though a mother in Florida instantly has parental rights to their child at birth, fathers are given custody and visitation rights, counting on a paternity test. Custody laws in Florida for unmarried parents state that both parents share equal legal custody right.
Dealing with Child Custody Issues
The laws vary from state to state, so it is important to talk with a qualified, experienced divorce lawyer when dealing with types of child custody issues. We also have a list of Florida Child Custody Guidelines on our website.
No matter what type of custody arrangement you are involved in, you should work with your Florida family lawyer and your spouse to create a co-parenting plan that details how you will arrive at a consensus when it comes to making major decisions, including health care, education, upbringing methods, religion and the specific days your child will spend time with the other parent.
This can help prevent conflicts from arising in the future, especially if your ex-spouse’s domestic situation changes, such as through a remarriage. However, in some instances, it may be necessary to file an emergency motion to modify child custody in which case you really do need an attorney.
Co-Parenting Plans in Florida
In Florida, both parents are required to submit a parenting plan to the court as part of the child custody process. The parenting plan outlines how the parents will share responsibilities for raising the child, including details on time-sharing, decision-making, and communication between parents.
Florida law requires that the plan address certain key issues, including:
- A schedule for time-sharing, including the division of holidays, weekends, and vacations
- A plan for decision-making regarding the child’s health, education, and welfare
- A plan for how parents will resolve disputes
- Communication protocols between parents, including methods and frequency of contact
The court will review the parenting plan to ensure that it is reasonable, addresses the child’s needs, and promotes a healthy co-parenting relationship.
What Our Clients Have to Say
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"You can too trust him!"I am using Eric for the second time, he saved this child the first time when she needed it the most. I know God’s will placed him in my life and when an incident came up again I didn’t hesitate to call Eric Cheshire. He is a Godly Man that gets at the truth to help in the best way he can with the will of God. I trust him with the most precious gift God gave me, you can too trust him.- Former Client
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"A true gentleman and professional!"As a woman of God, I would never have dreamt I needed Eric and his firm’s services. Fortunately, it was one of my better decisions. For his professionalism and kind heart made me feel that I was not in this alone. He was walking with me during the entire ordeal and I am very blessed to have a Christian man such as himself to guide me and explain everything to me. A true gentleman and professional! Thanks Eric!- Former Client
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"He genuinely cares!"Mr. Cheshire is one of the good guys. He genuinely cares about his clients and what is important to them.- Former Client
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"I am so thankful to have found someone who was so knowledgeable and considerate."As you might imagine this was a difficult time in my life. I am so thankful to have found someone who was so knowledgeable and considerate to help me through my divorce.- Former Client
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"Will hire him again if I ever need an attorney for my legal needs"I’ve used Eric Cheshire, PA over the years for my divorce and he handled it in an understanding but prompt manner. I’ve recommended him to other family and friends and they’ve been elated with his representation also. Will hire him again if I ever need an attorney for my legal needs.- Former Client
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"Great Service!"Great Service! He was kind, understanding and easy to work with.- Former Client
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"Eric fought for our family to be together."Very nice and helpful. Give my husband his legal rights as a father to be able to see his son. Eric fought for our family to be together and he always checked in with us to see how things were going. I couldn’t have asked for a better lawyer and family man. He loves his family and he loves his clients too.- Former Client
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"Very grateful!"Atty Cheshire reviewed the case carefully with my daughter and communicated with other lawyers in Missouri where she lives. We spoke with him to give other pertinent info and he kept us posted. He spent we suppose several hours on her case which helped prevent some financial pitfalls on her part. My daughter and us parents are very grateful for his foresight and timely advice. We highly recommend Atty Cheshire. (Reviewed from a potential client who consulted with Attorney Cheshire).- Former Client
How Florida Courts Determine Custody (and Modifications Later)
As in most states, family law judges in Florida make all of their child custody determinations based on what will most benefit a child or children in a divorce. Having experienced Child Custody lawyer West Palm Beach will help you understand your rights. But judges must also take into consideration a number of factors, such as:
- How parental responsibilities will be allocated, and whether third parties, such as grandparents, uncles or aunts will play a large role in the child’s upbringing.
- The parents’ ability to place their child’s welfare ahead of their own desires.
- The likelihood that both parents will make an effort to adhere to agreements regarding shared custody, and the likelihood that they will be open to changes in the agreement.
- How long a child has lived in his/her current situation, and if that situation is beneficial to their well-being.
- The geographic proximity of each parent’s residence, which is a big factor in joint physical custody decisions. You may also have to discuss valid reasons to move a child out of state.
- The preference of the child, which plays a bigger role if the child is old enough to make intelligent decisions about which parent they would rather live with.
- Any issues such as domestic violence or child abuse that would demonstrate that one parent is not fit to be awarded custody.
- The extent to which each parent has protected their child from learning the details of the pending divorce and custody issues.
- The development stage of each child and the extent to which each parent is equipped to provide for future developmental needs.
- Evidence confirming how effectively each parent communicates with the other parent regarding issues and activities of the child.
The list of factors is why it is so important for you to secure the services of a Florida family law attorney, because it is an attorney’s responsibility to ensure that those factors are highlighted to create the best scenario for a custody decision that is favorable to you.
The Rights of Grandparents/Relatives in Child Custody
An increasing number of children are living with their grandparents and other relatives throughout the country, and the courts have made provisions for these individuals who act as caregivers to petition for custody.
In Florida, the rights of grandparents and other relatives to gain custody of the children is determined by whether the child is non-dependent or dependent.
A non-dependent child does not fall under the authority of the Department of Children and Families, whereas a dependent child is supervised by a caseworker at this agency.
The four most common child custody options for grandparents and relatives of non-dependent children are:
- Physical Custody – the child lives with the grandparents or relatives, but a parent can take them away at any time, since there is no legal custody granted under this option. This usually occurs when grandparents or other relatives and parents enter into an agreement about the child’s living arrangement.
- Temporary Custody – awards legal custody to grandparents or other relatives for a period of time, and a judge determines the kinds of decisions they can make on behalf of their grandchild.
- Guardianship – awards legal custody to grandparents or other relatives until the child turns 18, or a family court orders a change. Parents of the child who wish to change this type of custody must obtain a court order.
- Adoption – awards permanent custody to grandparents or other relatives under the condition that parents have renounced their parental rights, or a court has revoked those rights.
The four most common child custody options for grandparents and relatives of dependent children are:
- Court-Ordered Placement – places children under the care of their grandparents or other relatives for a temporary period of time with supervision by the Department of Children and Families. This is typically awarded when parents are unable to care for a child for a specific period of time.
- Temporary Custody – awards grandparents or other relatives temporary legal custody, which means they can make major decisions for the child with support and supervision from the Department of Children and Families.
- Long-Term Custody – awards grandparents or other relatives legal custody after six months of temporary custody. This often occurs after parents have been deemed incapable of caring for the child and have had their rights taken away by the court. However, if the parents of the child change their way of life, they can petition the court to regain custody.
- Adoption – awards permanent custody to grandparents or other relatives under the condition that parents have renounced their parental rights, or a court has revoked those rights.
Seek Experienced Child Custody Attorney West Palm Beach
If you are going through a child custody situation, and you want the help of experienced West Palm Beach child custody attorney, please call the law office of Eric C. Cheshire, P.A. at (561) 677-8090 for a personal legal consultation with Mr. Cheshire. We have dealt with many types of child custody cases. Furthermore, we have the top resources necessary to help you obtain the best arrangement possible for everyone. We can help you decide what to do and what not do to in a child custody battle. With an office located in West Palm Beach, our law firm can serve clients in West Palm Beach and surrounding cities such as Palm Beach Gardens, Royal Palm Beach, Green Acres, and Wellington.
Don’t wait to secure the future of your child. Contact us now to schedule a free consultation with a skilled West Palm Beach child custody attorney. Call (561) 677-8090 or reach out online to explore your legal options with a compassionate legal team.