Family Law Attorneys
Nothing matters more than the physical, emotional, psychological, and spiritual well-being of your children. As divorced parents ourselves, we have both lived first-hand through the challenges of negotiating a parenting plan. Our family law attorneys empathize with our clients and share their belief that children are the number one priority in a family law matter. We can help you resolve the agonizing decisions as to how children will share time with each of parent following a divorce or other family law matter. The very best interests of your children are the compass that guides how we facilitate negotiations in this sensitive area.
The interests of your children, including their financial well-being, place of residence and emotional stability should be your primary concern during divorce. You may even worry about losing the right to spend time with your children. At Mockler Leiner Law, our divorce and family law attorneys take a strategic and comprehensive approach to protecting your rights and providing for the best interests of your children during custody disputes.
Who Gets Child Custody?
Among the many important decisions you make throughout your divorce, the most vital will be creating the best possible time-sharing schedule for your child. This decision not only impacts the immediate care of your child(ren) throughout a stressful time, but also their long-term wellbeing. According to Florida statutes, the legal concept of “child custody” does not exist. Instead of awarding child custody, and visitation, the courts are now required to establish a parenting plan that governs time sharing with your child and determines parental responsibility. We will focus on helping you create a parenting plan for your unique needs and situation.
“Family law trials start by first addressing the children. So does every consultation with our firm. We will put our focus on your children first.”
Child custody rights are not based on a model, but on the individual circumstances of each family. To a large extent, custody arrangements are based on work schedules, and the relationships between caretaker and children, ultimately focusing on the best interests of the children. Our attorneys will take the time to understand your individual needs and goals so that we can prepare strategies tailored to accomplish your objectives. We do not go into a court hearing, a negotiation, or a mediation session without a plan for achieving our client’s goals.
Typically, “custody” is determined based on a majority time-sharing schedule, or an equal time-sharing schedule. Just as the names suggest, the parent with whom the child lives majority of the time is the major time-sharing parent. Similarly, an equal time-sharing schedule allots for the child equal time living with each parent. Choosing a custodial parent can sometimes be the most difficult part of establishing a parenting plan. However you are not alone, the attorneys at Mockler Leiner Law can help you navigate your parenting plan.
Common Custody Disputes
Parenting time/parenting plans
Primary residence and primary custody
Visitation and time-sharing
Parental responsibility and risk of abuse
The Best Interests Standard
Florida law makes the “best interests” of children the primary consideration for all decisions concerning custody, time-sharing, and parental responsibility. Determination of the best interests of the child are made by evaluating all the factors affecting the welfare and interests of the particular minor child and the circumstances of that family. These factors include but are not limited to:
the moral fitness, mental health and physical health of each parent,
the home, school, and community record of the child,
the reasonable preference of the child,
the ability of each parent to foster a close and continuing parent-child relationship, to honor time-sharing schedule, and to be reasonable when changes are required,
the capacity of each parent to determine, consider, and act upon the needs of the child as opposed to those of the parent,
the geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to carry out the parenting plan,
the capacity of each parent to maintain an environment for the child which is free from substance abuse,
the developmental stages and needs of the child and the demonstrated capacity of each parent to meets those needs,
and evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, among a variety of other factors.
Creating a Parenting Plan
A parenting plan created in the event of a divorce addresses two main things, time-sharing, and parental responsibility. According to Florida Statutes, the scope of parent responsibility includes decisions regarding the child’s education, medical care, disciplinary practices, religion, and other factors that affect the child’s upbringing.
After your initial consultation, we will take the time to learn about your family dynamics. We will identify your objectives and work to establish a custody solution tailored to the needs of your family and the best interests of your children. Working with witnesses and experts when necessary, we will build your case to protect your rights and your children. Preparing a well-developed strategy is critical to our success.
Factors Considered by the Court
Is one parent better suited to have substantial time-sharing with the child?
Is one parent better suited to have primary decision making capabilities regarding school, religion or health?
Which parent will be able to more effectively share parenting time?
Is one parent able to relocate with the children?
What We've Achieved
Obtained majority time-sharing for mothers and fathers.
Obtained parenting plans awarding sole responsibility and supervised time-sharing where the other parent abused drugs or alcohol.
Successfully defended parents accused of drug and alcohol abuse.
Defended numerous unjustified attempts to limit a parent’s time-sharing or place a parent on supervised time-sharing.
Defended numerous unjustified attempts to place a parent on supervised time-sharing.
Successfully obtained majority time-sharing where a majority time-sharing parent engaged in parental alienation.
Successfully defended parents accused of parental alienation.
Obtained time-sharing for parents who were temporarily shut out of their children’s lives.
Successfully represented military parents seeking custody of their children or simply meaningful time-sharing.
Successfully obtained favorable long-distance time-sharing schedules for parents living in different states.