During child custody proceedings in Destin, or proceedings to determine sole or shared parental responsibility, the court will look at several factors, including:
It is important to hire an experienced family law attorney in Destin to represent your best interests in these proceedings to ensure you receive the maximum amount of visitation time or custody with your child.
Contact the Adkinson Law Firm, LLC for a consultation if you no longer agree with your parenting plan or need to change your child custody order throughout the Florida Panhandle, including the areas of Crestview, Destin, Fort Walton Beach, Milton, Navarre, DeFuniak Springs, Pensacola and Panama City.
The attorneys of the Adkinson Law Firm are knowledgeable in all areas of Florida’s child custody, modification, parenting plans, visitation and guardianship laws. Contact the Adkinson Law Firm, LLC for a free consultation today at (850) 892-5195 about your child custody issues throughout Destin and South Walton.
According to Section 61.046 of the Florida Statutes, a parenting plan is defined as a document that governs the shared decisions by the parents of a child or children after they have decided to not parent the children together, including the child’s education, health care, and physical, social and emotional well-being. The parenting plan also includes a time-sharing schedule for the parents. A custody order is a judgment by the court incorporating the parenting plan and any child support order.
Sole parental responsibility is also known as sole custody and occurs when one parent makes the decisions, both minor and major, for the children without input from the other parent. This type of custody is usually not granted unless evidence of behavior that is harmful to the child is demonstrated, such as domestic violence, illegal drug use or child abuse. The judge will grant this form of custody if it is in the best interest of the child.
Shared parental responsibility is where the parents of the children share joint custody of the children and both make decisions, minor and major, in regards to the child. The parents must consult each other before they make a decision about the child’s welfare. This type of custody is usually the default and will be ordered by the judge unless it is not in the best interest of the child.
Time-sharing schedules are part of the parenting plan that creates the specified times the children will spend with each parent, which is also known as visitation.
After a custody plan or parenting plan has been ordered by the court, the parties may seek a modification to the judgment. There are a number of reasons one or both parents may modify a child custody order. These reasons can include, but are not limited to:
According to Fla. Stat. § 61.13, if a parent violates the parenting plan that is in place by refusing to let the parent have custody or visitation of the child, they can be punished by the court in any of the following ways:
If one parent is not paying their child support as ordered by the court, the other parent cannot refuse to let that parent have their court-ordered visitation or custody of the child. If the parent does refuse to allow visitation, they can still be penalized in of the preceding ways or the court could grant more time to the other parent to make up for lost visitation time.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) was created to avoid jurisdictional competition and conflict with courts of other states in regards to child custody when a child moves from one state to another or the child’s parents reside in separate states, according to Fla. Stat. § 61.502. This means if a child’s home state is Florida, but the child’s parents reside in two separate states, the UCCJEA will govern custody of the child, as opposed to the laws of either state.
Florida Statutes Online – This link is to section 61.13 of the Florida Statutes, which contains the state’s laws regarding custody, parenting plans and time-sharing schedules. This chapter defines all elements to child custody, including parenting plans, custody orders, support, visitation, and guardianship.
Uniform Child Custody Jurisdiction and Enforcement Act – This link is to Part II of Chapter 61 of the Florida Statutes, which contains laws regarding the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) in Florida.
First Judicial Circuit Court – This link is to child custody and family law information throughout the First Judicial Circuit of Florida, which has jurisdiction over Okaloosa County, Escambia County, Santa Rosa County and Walton County. The Okaloosa County court is located at:Okaloosa County Courthouse
If you need or want to modify your child custody agreement throughout the Florida Panhandle, you should make sure that you have legal counsel experienced in family law matters. The Adkinson Law Firm represents clients in communities throughout Okaloosa County, Santa Rosa County, Bay County, Walton County, Holmes County, Washington County and Escambia County.
Clay Adkinson of the Adkinson Law Firm is an experienced DeFuniak Springs family law attorney who will make every effort to help you create the best parenting plan for your particular situation or modify your current custody order. Contact the Adkinson Law Firm today for a free consultation at (850) 892-5195 or send an online message about your child custody issues today.