When a married couple undergoes a divorce, there are certain matters that need to be thoroughly discussed to make the process beneficial for both parties and most especially for any children involved. With regards to discussing parental responsibility, a divorcing couple must understand that it is the children’s needs and feelings that need to be prioritized first before their own, which make a thorough talk with one another important. If the divorcing parties have disagreements regarding child custody/parental responsibility, then the matter will have to be decided by the courts. It must be understood that the same rules are applied by Florida courts. The child’s well-being and safety are considered first and foremost. This is decided through evaluation of some factors, which may include the parents’ ability to support the child; mental, physical, and moral fitness of each parent; geographic matters; and history of abuse or violence within the family, among others. Older children who are mature enough to make decisions for themselves can be allowed by the courts to make a preference.
Custody is basically of two kinds in the state of Florida. Legal custody determines which parent makes the larger decisions regarding the child’s life, such as education and disciplinary decisions. On the other hand, the parent who is awarded physical custody gets to be the one the child will live with. Parental responsibility also comes in two forms, sole or shared. In Florida, shared parental responsibility is usually encouraged by the courts if possible, as it gives both parents the privilege to share care and support with their children.
When it comes to discussing child custody in Fort Myers, Florida, Atty. Mellany Marquez-Kelly is the person to approach. Having practiced family law for many years, Atty. Mellany has the expertise and experience to provide you with successful legal counsel and has the aggressiveness to protect your rights and that of your children’s when required. She has a thorough understanding of Florida law and has helped many residents in Southwest Florida receive favorable resolutions to their family law matters. For a FREE half-hour consultation, contact the law office of Atty. Mellany Marquez-Kelly at 239-214-0403.