You're getting a divorce. Does that mean "divorcing" your home, too?
With the holidays just around the corner, families are preparing for their celebrations. For divorced families, this often means determining a schedule that works for both parents. Unfortunately, this does not always allow for a fair schedule, as conflicts can arise. Whether both parents celebrate Christmas, one parent celebrates Chanukah, or both parents have their own form of celebration during the holidays, the reality is that celebrations can overlap and cause for conflicts.
As we have discussed previously on this blog, there are many factors that go into determining what constitutes a child's best interest for child custody purposes. Matters such as each parent's financial health, mental well-being, and relationship with the child can all play a significant role in a court's child custody determination. Other issues can have a profound impact, too. For example, we previously discussed the effects of substance abuse on a child's welfare. A child who is exposed to substance abuse can develop social and emotional issues that are detrimental to their well-being. This evidence can be powerful at a child custody hearing.
The outcome of a child custody dispute can reshape your relationship with your child. If a court determines that one parent should have sole physical custody of the child with limited visitation with the noncustodial parent, then that noncustodial parent may struggle to maintain and build the bond between him or herself and his or her child. This is why Florida parents need to be prepared with strong legal arguments when dealing with these matters.
Divorce can be tough on children. After all, many marriage dissolutions turn into disputes about where children are going to live and who will make important life decisions for those children. Although these discussions sometimes occur behind closed doors, in other cases parents are unable to keep their emotions away from their children. This can have a tremendous impact on a child's emotional well-being for a significant time.
When it comes to child custody, the law tends to favor a child's mother. For example, custody is presumed to lie with a child's mother when that child is born out of wedlock. But even married men can feel at a disadvantage when they seek child custody or visitation rights during the divorce settlement process. As discouraging as that may be, fathers in Florida should think about aggressively pursuing their legal rights, as doing so may lead to better outcomes for their children.
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.
Getting divorced can be a stressful and overwhelming experience. While property division and alimony can present challenges that can be difficult to overcome, Floridians who have children may find that their divorce is even more emotionally trying. After all, the outcome of a child support and/or visitation dispute can shape the relationship an individual will have with his or her child. This is why these parents need to do everything they can to protect what they believe is in their child's best interests. This will be the standard that the judge handling one's case will use to base his or her decision.
Having a child can be one of life's greatest joys. Yet, Floridians often find themselves dealing with legal issues that threaten their relationship with their children and their ability to adequately provide for them. Sadly, fathers' rights are often threatened through these processes. When a child is born out of wedlock, women are generally considered a child's custodial parent. Women are sometimes favored with regard to custody arrangements during the divorce process. However, regardless of one's gender, it is important to understand the basic legalities of paternity, as it can have a profound impact on child custody and child support matters throughout the course of a child's life.