Fort Lauderdale Parental Right Attorneys
Dealing with child custody and visitation issues can be very stressful. At Stok Kon + Braverman, our knowledgeable lawyers will provide you with capable legal representation to help you protect your parental rights. When it comes to matters as serious as these, you should make sure to fully understand your options. Our lawyers understand that you are going through a difficult time and will work diligently to assert your interests.
Parental Rights After a Marriage Dissolves
A child’s emotional, physical, and overall well-being largely depends on a healthy relationship with their parents. When parents dissolve their marriage, a custody arrangement can be dictated by the divorce decree or through a child custody order.
Unless a parent’s rights have been explicitly limited, they will enjoy a number of rights when it comes to their children, including:
- Having timely information about the child’s health, school, safety, and overall wellbeing;
- Being involved in decisions regarding those important areas;
- Consulting a healthcare professional regarding the child;
- Interacting and receiving updates from the child’s school officials;
- Being listed as the child’s emergency contact; and
- Managing the child’s financial situation.
It is important to note that a court can expand or limit a parent’s rights based on the circumstances of each case. An attorney can advocate for a parent's interests.
In contrast to some states, Florida does not mandate specific visitation schedules. Since every family is different, parents are encouraged to come up with visitation schedules that work for their child and them.
Discuss Your Family Law Matter with a Lawyer
Issues of parental rights can affect every aspect of your family’s future, so having solid legal representation on your side is important. At Stok Kon + Braverman, our experienced attorneys will work hard to examine the details of your case and explain your choices. We proudly represent individuals throughout Broward County.
Parental rights are a complicated subject, and there are often misconceptions about the legal process for establishing, modifying, or terminating them. Board-certified in marital and family law for over two decades, Attorney Alan Jay Braverman has assisted many Florida residents with establishing and protecting their parental rights. There are various ways to go about this process, and he can assist you with determining which method may be appropriate in your situation. Attorney Braverman can provide you with responsive and dedicated legal counsel in matters affecting custody, paternity, and support.
Understand Your Right to Timesharing (Custody)
One of the questions that people often ask in a divorce is how they can stay in their child’s life as much as possible after the divorce. There is no set formula by which Florida courts determine a timesharing arrangement. Instead, a court has discretion to consider a broad set of issues that are designed to promote the child’s well-being and avert any potential negative outcomes that may arise from contact between a parent and the child.
There are two main areas that the court will address. One of them involves the amount of time that a parent is entitled to spend with their child. This will account for weekends, holidays, birthdays, school vacations, and any other special occasions during the year. The second area involves decision-making power over issues like the child’s medical care, education, and religious upbringing. The court can award both of these rights to one spouse, split them between the spouses, or otherwise apportion them as it sees fit.
After an award regarding parental rights has been entered, a parent sometimes wants to seek a modification or termination of these rights (this is different from an appeal of the initial order.) As a child grows and their needs change, it may be necessary to adjust the parents’ respective parental rights. If the parties are in agreement on the modification that needs to be made, they can enter into a written agreement that the court can then approve. If the spouses do not agree to the modification, the requesting spouse must initiate a court proceeding to obtain an order.
The court will then conduct a hearing to consider both sides of the issue before making a determination about whether a modification is appropriate and, if so, what the modification will provide. When making this decision, the court will consider information indicating what the best interests of the child would be. This evaluation includes issues such as stability, mental wellbeing, family ties, and fostering relationships with both parents when possible.
In some situations, either the state or a private party can initiate a dependency proceeding when a child is in danger of imminent harm. The dependency court has the authority to take the child out of the home and craft a case plan that the parent or parents need to follow to retain their rights to the child. If they fail to meet the requirements of the plan, the court can move forward with terminating their rights. Termination can occur when a parent voluntarily surrenders their rights, or when a parent has abandoned the child, which involves making no good-faith effort to create and maintain a positive relationship with the child and failing to contribute substantially to the child’s needs. Also, if a parent threatens the child’s wellbeing or is sentenced to prison, their parental rights can be terminated through dependency proceedings.
Navigating issues affecting your parental rights can be confusing, especially if you are experiencing emotional stress about the future of your relationship with your child. With over 45 years of experience practicing law in South Florida, Alan Jay Braverman understands exactly what you are going through. He assists people throughout Broward County.