Stuart Child Custody Lawyer
When the well-being and future of your child is at stake, emotions run high. Therefore, disagreements over child custody, time-sharing, and visitation are stressful and challenging to resolve. You can’t put such major decisions concerning your child in the hands of an inexperienced attorney. You need an advocate with deep legal expertise to protect your rights, advocate for your child’s best interests, and help you navigate your options.
Written and edited by our team of expert legal content writers and reviewed and approved by Attorney Travis Walker.
At The Law Offices of Travis R. Walker, P.A., our child custody lawyers have decades of experience helping parents navigate these incredibly difficult family law disputes. You’ll find knowledgeable child custody lawyers in Stuart, Florida, who will work hard to achieve the best outcome for your family.
What Are the Types of Custody in Stuart?
There are two major distinctions to understand when deciding custody matters in Florida. The first is the difference between legal and physical custody. The second involves how parental responsibilities are divided between the parents—joint vs. sole custody.
Legal vs. Physical Custody
Legal custody gives one parent the right to make legal decisions about their child’s well-being, education, health care needs, religion, upbringing, and other matters. It’s possible to have legal custody even if you don’t have physical custody of your child.
Physical custody covers which parent a child lives with, when, and for how long. Physical custody may be awarded to one parent or shared between both.
Parents may share both legal and physical custody. In addition, a parent may retain legal custody even if they don’t see the child as frequently as the other parent.
Joint vs. Sole Custody
Joint custody is the most common type of Florida child custody arrangement. That is because Florida public law prefers such arrangements to ensure each child maintains “frequent and continuing contact with both parents.”
In a joint custody arrangement, both parents share legal and physical custody of the child. Joint custody arrangements can be challenging because they require regular communication and cooperation between the parents. However, they are the most rewarding arrangements for children if the parents can look past their disagreements and focus on the children’s best interests.
In a sole custody arrangement, one parent retains physical custody and the right to make legal decisions for their child. The other parent may continue to see their child through visitation arrangements but can’t make legal decisions about the child’s schooling, health care, or other matters. Sole custody is typically reserved for situations where a parent is unwilling or unable to provide for their children or unable to be physically present in their lives.
Why Should You Work With the Child Custody Lawyers at Travis Walker Law?
If you share children with your spouse, you need accurate legal advice and guidance from an experienced attorney. You don’t want to risk your child’s future—and your ability to continue to be a presence in your child’s life—by hiring a lawyer who isn’t familiar with Florida’s unique child custody or divorce laws.
Our knowledgeable child custody lawyers in Stuart, Florida, will explain your child custody options and guide you toward a decision that best meets your child’s needs. We will support a favorable outcome by gathering appropriate evidence demonstrating your parental fitness and the parent-child relationship.
Here’s what prior child custody and family law clients have to say about their experience with The Law Offices of Travis R. Walker, P.A.:
Client Testimonials
“Travis Walker’s knowledge of the law is outstanding. His mannerism is extraordinary. I applaud Mr Walker for his compassion and understanding when it comes to handling the sensitive nature of family cases. His ability to keep me centered and focused during a very emotional time was impressive. I highly recommend him and his courteous, capable, and helpful staff.” – Kay D.
“The best legal team on the Treasure Coast. They get things done quickly and on time every time. They fight for you, and they take it personal. They do their best to provide the best legal services. Not my first time using Travis Walker and his associates, and certainly won’t be my last. Would highly recommend Travis and his legal team.” – George L.
“Was very friendly, knowledgeable & professional. Always got back to me in a timely manner. Couldn’t ask for a better lawyer. The best, hands down! Janey was so welcoming and has great hospitality.” – Harry C.
What Factors Do Florida Courts Consider When Deciding Custody?
Under Florida Statutes § 61.13, courts prefer that parents share physical and legal custody over their children unless doing so harms the child’s well-being, though other factors can influence this decision.
Best Interests of the Children
The overriding concern in all custody matters is the child’s best interests. Florida courts will consider each parent’s ability to meet their child’s needs from a safety, health, and welfare perspective. They consider each parent’s income, access to health care, and ability to provide a stable home environment.
Moral Fitness of Parents
The moral fitness of a parent refers to any behaviors that may adversely impact a child’s positive character development. Some examples of immoral character behaviors that may cause a court to deem a parent unsuitable to retain child custody include:
- Drug and alcohol abuse
- History of physical, sexual, or emotional abuse, including domestic violence
- Not fulfilling the child’s health care needs
The Ability of Parents To Coexist Healthily
Judges consider whether either parent undermines the child’s relationship with the other parent, including badmouthing and disagreements in front of children. The more supportive and cooperative parents are, the more likely a judge will grant joint custody. Uncooperative parents may lose an edge in custody arrangements.
Which Outside Factors Influence Custody Decisions?
Florida courts consider other factors besides a parent’s moral fitness or relationship with the child when making custody decisions. Some external elements that may influence a Florida court’s custody decision include the following:
- Proximity to nearby schools and extracurricular activities – Local schools in the Stuart, Florida, area include Jensen Beach High School and Stuart Middle School.
- Stability – The court will seek to minimize disruptions to the child’s routines, schedules, and lifestyle.
- The child’s preference – If the child has sufficient maturity, intelligence, and understanding to express their desire, the court will consider their preference.
What Are the Important Decisions To Make in a Parenting Plan?
Florida requires that all parents seeking a divorce devise a plan for child custody, known as a “parenting plan.” Parenting plans will provide for the physical and legal custody of a child. It will also cover parental responsibilities regarding health care needs, education, and upbringing.
All parenting plans must also address the following three factors:
- Time Sharing: How parents will split time with their children.
- Visitation: Parents can request visitation rights if one parent makes it challenging for the child to spend time with them.
- Relocation: Florida laws prevent parents from relocating a child more than 50 miles from the residence established in a parenting plan.
To learn more about parenting plans and their elements, visit our guide to making a parenting plan.
How Do You Modify an Existing Custody Plan?
Once a Florida court approves a parenting plan, it remains in place unless a parent obtains a court order modifying it. To receive a court modification, a parent must demonstrate a substantial change in family circumstances that makes it difficult to comply with the current plan.
Some reasons why parents may want to modify an existing custody plan include the following:
- Health Issues: A parent’s health issues may require the other parent to take greater responsibility for the child’s care.
- Desire to Relocate: A parent may wish to relocate for a better job opportunity or as a requirement to retain their current job.
- Change in Work Schedule: A shift in working hours may make it impossible to maintain their responsibilities under the current custody plan.
How Can a Parent Get More Custody Time With Their Child?
If you are dissatisfied with the visitation or custody rights awarded by the court, seeking a custody modification is possible. You must demonstrate your commitment to your child’s needs and ability to provide for them.
To do so, you’ll need to show improvements in areas you lacked when the court initially decided on custody arrangements. For instance, if you didn’t earn enough money to support yourself and your child sufficiently, seeking additional education or obtaining a better-paying job could result in additional custody rights.
Parents with home life issues, such as alcohol or drug dependence, may acquire more visitation time by overcoming addictions and demonstrating their commitment to providing a stable home environment.
Local Custody Resources in Stuart
The following local resources can help you navigate custody issues with an ex-spouse:
Martin County Department of Children and Families
Martin County Department of Children and Families assists parents who need financial assistance with child care, health care, or food. It may also provide recommendations for substance abuse and mental health treatment.
Address: 1111 Southeast Federal Highway, Suite 108, Stuart, FL, 34994
Fax: (866) 658-2172
Martin County Courthouse
Martin County Courthouse oversees civil matters in Stuart, including family law, child support and alimony, child custody, and dissolution of marriage.
Address: 100 SE Ocean Boulevard, Stuart, FL, 34994
Phone: (772) 288-5576
Hours: 8 AM to 5 PM, Monday through Friday
Contact The Law Offices of Travis R. Walker Today
If you’re looking for an experienced Stuart child custody lawyer, our team of seasoned attorneys can help. We understand how sensitive and emotional child custody issues can be, and we’ll collaborate with you and your spouse to arrive at a reasonable agreement in your child’s best interests.
Contact The Law Offices of Travis R. Walker, P.A., today for a free consultation, or call our office at (407) 904-4484.
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