Child Custody – How the Court Decides Who Has the Right to It
When you are separating from your marriage partner, all the things are in a state of mess. The time would not seem to be on your side, neither would the things appear to be in your control. But as life is, you will have to move on and deal with it. Now, separating from your partner isn’t that easy too, as per law. As any Florida family law attorney will tell you, there are many pre-conditions to be fulfilled, besides determining who gets the custody of the children. Other things such as alimony also require mutual agreement before the divorce can be given the legal status.
Children, of all, are affected the most when you decide to part ways. The courts also take this into consideration while deciding who should ultimately get their custody. It is important that this arrangement has the least effect on the child, which is why only the parent with better resources and more attachment with the child is eligible to get the custody. Most of the times, this goes in favor of the mother. Once this is decided, the father has to bear the cost of child’s custody, and the alimony if sought, as the case proceedings go on. The Florida family law attorney can help decide the process ahead from there.
How the child custody procedure goes
Under legal laws, if both parents are found eligible, they will have to share the child’s custody between themselves mutually. In case one parent gets the legal custody, the other parent may seek visitation rights, and the duration and place of such meetings. Decisions related to the future of the child will also be decided accordingly, i.e. if both get the custody, they will need to mutually finalize child’s healthcare and education.
The parent who doesn’t get the child’s custody, but is earning well, has to pay child’s support to his/her ex-spouse. The value of this amount can be high, and is usually decided by the family court, taking all associated factors into consideration. As a formal test, while seeking the child’s custody, the father has to undergo a paternity test as well to legally authorize his right on the child’s custody. The Florida family law attorney will shed more light on it, and how the parents need to proceed from here.
It is very important to seek the Florida family law attorney’s advice in such matters, since they have professional expertise on these matters, and can work on delivering the best possible outcome for both parents.