Naples Child Custody Attorneys: Protecting Your Parental Rights

Understanding Time Sharing & Divorce in South Florida

If you have children and are considering or are currently going through a divorce, custody will likely be one of the most challenging issues to address. It is essential to involve a Naples child custody lawyer who can protect your parental rights, pursue your custody goals, and protect your children’s best interests throughout divorce proceedings.

For over 20 years, we at Long, Murphy & Shemkus, P.A. have represented mothers and fathers in complex divorce and custody proceedings across South Florida. Your very relationship with your children may be at stake, and we use our understanding of the intricacies of Florida law to pursue the best possible outcome based on your unique objectives.

Florida's Commitment to Shared Custody Arrangements

In Florida, the family law courts promote a shared custody arrangement that provides both parents ample opportunity to participate in their child's life. In fact, the term "custody" has been replaced by the term "time sharing" to reflect this intent to keep both parents actively engaged.

In making decisions regarding time sharing, Florida courts are governed by the "best interests of the child." The court considers more than 20 factors to reach a decision.

Key Factors Influencing Child Custody Decisions in Florida

When it comes to a judge making child custody decisions in the best interest of the child, it’s important to note that there are several factors that will greatly impact this decision.

Some of the factors used to determine child custody in Florida may include:

• Any current custody or living arrangement, and its workability;
• Each parent’s mental and physical health;
• Each parent’s ability to provide a safe home environment;
• Each parent’s ability to provide for the child’s needs;
• Each parent’s relationship with the child;
• Any history of domestic violence or child abuse;
• Each parent’s willingness to allow contact with the other parent; and
• How custody may affect parental responsibilities.
• Neighborhood safety (sex offenders, murder rates, etc.)
• Gender of the parent vs. that of the child (ample private space should be available)
• How many kids each parent has (again, there should be ample space for separate living arrangements)
• Custody may be given to a grandparent if the child's mom or dad is not an ideal individual for the child to live with
• When considering grandparent custody the judge will also factor in the age, health, and financial abilities of the grandparent

Of course, parents can reach agreement on time-sharing plans through negotiation and present them to the court for approval. Doing so helps both parents retain more control over the look and feel of their time-sharing plan, and it makes sense because the parents understand their child's needs much more than a family court judge. Our Naples child custody lawyers handle child support cases.

For more information on time-sharing and parental agreements, read our blog:

• What is a Parenting Agreement?