Child Support and Child Custody

Child Custody and Child-Related Issues 

Henderson Franklin's marital and family law attorneys help families with child custody and other child-related issues that arise during a divorce. These issues include developing a parenting plan and timesharing schedule that works best for parents and their children and determining the appropriate amount of child support. In some cases, there may be substance abuse issues with one of the parents that require professional mental health evaluations and safety plans for children. In other situations, a parent may seek to move to a different geographic area, and our attorneys have experience handling relocation trials.

Our Approach

We strive to help our clients minimize the unintended emotional damage to children and families that often occurs in these delicate child-related matters. We encourage settlement through mediation or other alternative dispute resolution, including using mental health experts to intervene in some situations. There are always times when litigation is required. In those situations, you can be confident knowing that our experienced attorneys zealously represent our clients to ensure their voices are heard, and their children are protected. Our goal is to help clients maintain healthy relationships with their children both during and after the divorce process.

Understanding Child Custody Cases

Courts will enter a parenting plan that is in the children's best interests by evaluating several vital factors. In Florida, parental responsibility for minor children is to be shared by the parents unless a specific finding is made that shared parental responsibility would be detrimental to the children. The public policy in the State of Florida is that children should have frequent and continuing contact with both parents following a divorce. There is no presumption that children should spend more time with their mother or father after the divorce.

The criteria courts consider in determining the appropriate parenting and time-sharing plan for families is outlined in Florida Statutes Sec. 61.13. Some of the key factors are:

• A parent's capacity and disposition to facilitate and encourage a close relationship between the other parent and the children
• Whether a parent will delegate his or her parenting responsibilities to a third party after the divorce
• A parent's capacity to determine and consider the needs of the children rather than the parent's desires
• How long has the child lived in a stable, satisfactory environment and the desirability to maintain continuity
• Each parent's physical and mental health
• The stability of each home
• The geographic viability of a plan
• Any history of domestic violence in a home

In evaluating and identifying our client's strengths in these areas, our family law attorneys help our clients focus on the importance of these factors and abilities.

Parenting Plans and Time-Sharing Schedules

Courts require that parents enter written parenting plans in divorce and paternity cases. The written plans must include the following:

• A detailed description of how the parents will share responsibility for daily tasks associated with the children's upbringing
• A specific time-sharing schedule detailing when the children will spend time with each parent
• A designation as to which parent will be responsible for all forms of health care
• A provision that either parent may consent to mental health treatment for the children
• A designation as to which parent will be responsible for school-related matters
• Which parent's address will be used for school-boundary determination
• A description of methods and technologies the parents will use to communicate with the children

Child Support

Our marital and family law attorneys handle child support issues in divorce and paternity cases involving minor and dependent adult children. Florida has a statutory system for determining the appropriate amount of child support, which depends upon how many children there are, how many overnights the children spend with each parent, and each parent's net income. All child support orders must also include a provision for health insurance for minor children when the cost is reasonable and accessible. The cost of child support is factored in when calculating the appropriate amount. It is also necessary to apportion children's non-covered medical, dental and prescription medication expenses to both parents.

Modifications and Enforcement Actions

There are times when child support and parenting plans need to be modified. While our goal is to design an initial plan that works well for our clients long-term, our attorneys are available to discuss a modification of the parenting plan or the amount of child support being paid when a substantial change in circumstances has arisen. Our lawyers frequently handle modification (or post-judgment) actions and represent our clients in dealing with post-divorce issues of support, timesharing, and relocation. We can also assist our clients with the enforcement of previous agreements and orders of the court.

Adoption

Our child support and custody attorneys routinely handle adoption matters, including step-parent and family adoptions. We can assist with the termination of parental rights and the adoption of minor children. We help our clients understand the rights and responsibilities of adoption under Florida law to ensure this emotional process is carried out under the best possible circumstances.

For further assistance please reach us by phone, 239-344-1100 or through our contact page.

To explore our other areas of practivce, visit our practice areas page.

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