Child Custody FAQs

If you are in the middle of a child custody dispute, you are likely very worried about the possible outcome. Of all the different types of disputes that can arise within a family, those involving child custody are some of the most emotional and complex. These disputes are also governed by many different laws and procedural rules. When trying to resolve a child custody dispute, it is natural to have many questions. Below, our Orlando child custody and time sharing lawyer provides insight into the five most common questions we hear.

What is a Parenting Agreement?

 Parenting agreements are the least combative way to resolve a child custody issue and it is best if you and your former partner can negotiate one together. During these negotiations, you and the other parent can determine the dates and times each of you will spend with the children, where the child will spend holidays and special occasions, and where the child will attend school. These are just a few of the details that are important to include in a plan. If you can sit down with the other parent to create a plan, it can resolve your issue without the need for taking it to court. Even when entering into an agreement, it is important to seek the representation of an experienced custody lawyer to draft the agreement, calculate child support, and prepare all the other documents that go along with the filing of a custody case. An experienced attorney will know what particular language is needed to accomplish your goals and will help you avoid pitfalls that often exist in forms you find on line and things you may not have thought of.

What are the Drawbacks to a Parenting Agreement? 

Parenting agreements can provide structure and guidance but if they are not approved by the court, they are not legally binding. This can make it difficult to enforce if one party does not live up to their duties and responsibilities. Due to this, it is always wise to retain an experienced custody attorney to ensure the agreement is drafted property and approved by the court. And in the event that a parent later on does not follow the terms of the agreement, an attorney can be of great assistance to enforce the provisions set forth in the agreement.

Do I Have to Go to Court to Resolve My Dispute? 

Many child custody disputes are settled outside of the courtroom. However, court intervention may be necessary in two situations. The first is if the two parents cannot reach a child custody agreement on their own. The second is when the two parents did reach an agreement but one of the parties did not comply with it. Court intervention is sometimes necessary, but it can also make the issue much more heated.

How Will the Court Make Child Custody Decisions? 

If your child custody dispute does go to court, a family law judge will make all of the decisions. Those decisions are then final and legally binding. The court will consider many factors when deciding on child custody issues. These include the amount of time each parent spends with the child, a parents ability to co parent, a parents ability to place the needs of the children before their own, the geographic viability of the parenting plan, , and more. The court will take into consideration any pertinent factor in your case.

Do You Need a Child Custody and Time Sharing Lawyer in Orlando? 

While you are not required to work with an Orlando child custody and time sharing lawyer, it is highly recommended that you do. At Anderson & Ferrin, P.A., our experienced attorneys can answer all of your questions, negotiate with the other side, and help you obtain the best outcome possible. Call us now at 407-412-7041 or contact us online to request a free consultation and to get more information.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html