Custody & Parenting

In cases of divorce or parental separation, the Parenting Plan will include provisions identifying each parent’s legal rights and responsibilities as they relate to the children.  Because the Florida family law courts begin their analysis under the presumption that each parent should share in the rights and responsibilities of child rearing, in most cases, the judge will grant both parents shared parental responsibility of the child(ren).  This means that each parent has full parental rights and responsibilities for their child(ren) and both parents make major decisions affecting the welfare of the child(ren) jointly.

The court also has the power to limit one parent’s decision making responsibility to certain areas including education, healthcare and other areas the court may find unique to certain areas.

If the court determines that shared parental responsibility would be detrimental to the child it may award sole-parental custody to either parent and make an award of visitation that would best protect the interests of the child (i.e. supervised visitation, visitation arranged through a private center or place alternative restrictions on visitation).  Domestic abuse and criminal convictions may also be taken into consideration when determining whether responsibility for a child will be shared by the parents.

Determining what role a parent will have in the life of their children is extremely important in any divorce or separation proceeding and should not be taken lightly.  Although modifications are possible, the decisions made with regard to custody and visitation with children are often in place for years and will affect the development of the child and their relationship with each parent.

At Matthew C. Bothwell, P.A. we are here to help guide you through the complex divorce process and help you deal the stress and uncertainty that is involved with almost any divorce.  We are here to fight for you and act as your voice in these trying times.  If you have any questions concerning divorce or any other family law matter please contact Matthew C. Bothwell, P.A