Child Custody

To speak with an experienced child custody attorney, contact the Farrar Law Firm in Pensacola or Milton, Florida.

Legal custody is different, it is the decision-making responsibilities associated with education, healthcare and religious upbringing of a child.

Physical custody refers to where the child lives primarily and who has the primary responsibilities associated with daily care giving.

Sole or exclusive custody gives legal and custodial rights to one parent. The child lives with the custodial parent, and the custodial parent is given the power to determine the child's upbringing including his education, health care, and religious training.

The most common form of joint custody is joint legal custody with primary physical custody (the child lives with this parent) given to one parent and visitation rights are generally given to the non-custodial parent. Joint or shared custody gives both parents legal decision-making authority over the major decisions affecting the child.

Divided or split custody may give each parent exclusive decision-making authority with respect to the child in his or her care or may give the parents joint legal custody.

Joint legal custody implies that both parents retain all legal rights with respect to their child(ren) and neither parent's rights are superior. Joint legal custody requires an ongoing decision-making process between parents, which closely resembles the intact nuclear family. Parents must consult with each other regarding the child's health care, education, religious training, extracurricular activities, summer activities, and discipline, curfews for school nights and weekends, and age of driving. Neither parent, (custodial or non custodial), has the presumption in his or her favor as to choice of school or church. Our Pensacola family law attorneys can advise you on decisions regarding joint legal custody.

The Courts will decide what is in the best interests of the child and who should retain child custody or how it should be changed. This is what parents and the courts want for the child. Each state just as Florida has specific guidelines, but the court usually takes into consideration what each parent wants, what the child wants, if the child is old enough and/or matures enough to make that decision. The court also takes into consideration which parent has been the primary caretaker, and also the parenting abilities of each parent. The family court in Escambia and Santa Rosa County will also take in to consideration whether there is a history of abuse. If you need legal advise on child support contact our family law attorneys.

The courts use the best interest of the child test which can vary somewhat by jurisdiction. However, most courts consider the fitness of the parents, including each parent's ability to provide adequate food, clothing, shelter, care, education, and a positive living environment. The court will also consider the relationship between each parent and the child(ren), keeping in mind that every child is entitled to the love, nurture, advice, and training of both father and mother.

Many states have child support formulas which allow for reductions in the amount of support paid as the amount of time with the child increases. However, the reduction formulas vary widely among jurisdictions and are decided on the individual circumstances of each situation. What may be even more confusing is that "shared" custody for purposes of the physical residence of the child may not mean the same thing as "shared" custody for purposes of getting a reduction in support which may also require a sharing of expenses. For legal advice regarding your situation, or to discuss your child custody questions, contact an experienced divorce and child custody lawyer.

It is not always easy to modify a custody arrangement that has been ordered by our courts here in Escambia and Santa Rosa County or agreed upon by you and your child's other parent. The agreement itself may set out methods by which it can be changed. In Florida, our state has laws that apply to custody modification. It is important to remember that it is typically more difficult to change the custody arrangements than it was to set them in the first place; there must have been a substantial change in the circumstances this time around. Our experienced family law attorney can advise you on your rights in Florida.

While no one solution is right for everybody, most children of divorce benefit from the ongoing involvement of both parents. Joint custody is the best solution, but this will not work if the parents are not living in the same town, such as Pensacola or Milton. Joint custody will not work if the parents cannot work together. Family circumstances like domestic violence, physical or sexual abuse, chemical dependency and neglect also affect the court's determination.

Time that each parenting has with the child should not be dependent on the child support being made in a timely matter. It is not considered to be in the best interests of the child to prevent contact with the other parent because of child support problems. You have other remedies at your disposal, like going to court or the child support enforcement office, if your former spouse is not making child support payments. Contact our child support attorneys to discuss your options.

Custody matter will vary from Florida to another state, but most states share the same basic principles. The court will varies factors such as the reason for the move; its probable effect on the child; whether you have sole or joint custody. The court will also take into consideration if the child's other parent has objected to the move; and how often the other parent will be able to see the child.

Parental alienation syndrome happens quite often occurs when the first parent convinces the child that the second parent has nothing to offer the child (or that the second parent is a bad parent or spouse), and the child comes to see the second parent in a uniformly negative light. The child insists on staying with the first parent and refuses to see the second, usually in order to show loyalty to the first parent. Courts disapprove of this type of behavior on the part of a parent and typically demonstrate such disapproval when making custody and visitation decisions.