As we have discussed previously on this blog, the standard applied by the courts in child custody and visitation matters is the child's best interest. This is a subjective standard, thereby leaving the matter open to legal argument. This is both good news and bad news. It's good since it gives every Florida parent the ability to create legal arguments to demonstrate why they believe their position best supports their child's best interests, but it's also bad news because it can be difficult for these individuals to know how to build these arguments. With one's very relationship with his or her child on the line, Floridians shouldn't leave the issue to chance.
Instead, those facing a child custody dispute or fight over visitation should think about acquiring the assistance of a qualified legal professional. An attorney who is experienced in child custody and visitation matters will know how to apply the law to the facts and present best interests arguments to judge. This is what our firm does on a daily basis, which means we know how to create and obtain the evidence needed to support our clients' positions.
There are many ways to do this. As we discussed previously, a mental or physical examination of the child or parents can be sought, which may paint a telling picture of a parent's ability to appropriately care for the child in questions. Expert witnesses can also be subpoenaed to testify about the effects of substance abuse and domestic violence on a child's well-being. Records from child welfare agencies, hospitals, and schools can also be subpoenaed and used to buttress a parent's arguments. Depositions can even be taken so that a parent can know exactly how the other will testify prior to court, thereby giving him or her the opportunity to better prepare his or her arguments.
It can be extremely stressful to deal with child custody and parenting issues, especially because there is so much at stake. Yet, with a competent legal advocate on one's side, an individual can rest assured that his or her side of the matter will be heard, be persuasive, and clearly indicate why his or her position best supports the child's best interests. We've helped countless clients with this process and have secured positive results. To learn more about our firm and what we have to offer, please continue to browse our website.