Child Custody
CAPE CORAL, FORT MYERS, LEE COUNTY, FLORIDA
When couples go through a divorce, the role of children can become one of the most contentious aspects of the proceedings. Questions of who will have custody of the children, who will be the children’s legal guardian and other factors can make any divorce more trying than it already is. The court tends to focus on what the best interests of the children are, and which parent will serve these interests the best.
Forms of Child Custody
- Residential custody - Where and with whom the children will be living.
- Legal custody - Who will be making decisions for the children, including education, health, and welfare.
- Joint physical custody - The most common form, also known as shared parenting. Children will be staying with both parents for periods of time determined by the court. The children often do not spend equal amounts of time with both parents.
- Sole legal custody - The court will usually grant one parent custody if it has been determined that detrimental behavior, such as abuse, drugs, or alcohol, has been taking place. The parent who is granted sole custody has the right to make all the decisions for the children.
When looking out for the interests of the children, several issues are examined by the court, including:
- The wishes of the children
- Emotional and physical needs of the children
- The parental abilities of each individual
- Potential danger the children face with one parent which might cause emotional or physical distress
- Each individual's plans for the children once custody is determined
- Stability of the home where the children will be staying
- Drug and alcohol use of each parent
While it is extremely important to determine who will retain custody of the children, it is just as important to determine if the children will need financial support, as well as who will pay such support, and how much, will be awarded.
Child support is paid pursuant to statutory guidelines and is designed to financially contribute to the children's food, clothing, medical expenses, education, and more. This support must be paid until the children reach the age of 18.
Common Factors of Child Support Calculated
- The children's health or special needs
- The children's educational needs
- The standard of living the children would have had if their parents' marriage not ended in divorce
- The parents' financial resources
- The tax consequences to both parents
- Any other non-monetary contributions the parents may make toward their children
For more information, see Child Custody Questions.
If you are going through a divorce or fighting for the custody of your children, an experienced attorney can assist with both of these issues. If you are in the Cape Coral, Fort Myers, or Lee County, Florida area, and are in need of an experienced lawyer, please contact Lusk, Drasites, Tolisano & Smith, P.A.
