Parental Rights

Skilled Divorce Attorneys for Individuals Near Aventura

Dealing with child custody and visitation issues can be very stressful. At Stok Folk + Kon, our knowledgeable divorce lawyers will provide you with capable legal representation to help you protect your parental rights in the Aventura area. When it comes to matters as serious as these, you should make sure to fully understand your options. Our team understands 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 his or her parents. When they 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, each of them 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.

However, a court needs compelling reasons to terminate parental rights entirely. In order to take this step, it must make a determination that termination is in the best interest of the child. The subjectivity of this standard gives a judge ample discretion to examine any relevant factor pertaining to the young person’s overall wellbeing. Unless a parent is engaging in domestic violence, substance abuse, or other dangerous activities, courts typically maintain that some level of relationship with the parent is beneficial for the child. Circumstances where a court may consider terminating parental rights most commonly include abuse, neglect, abandonment, sexual abuse, drug addiction, or incarceration. In certain instances, an individual may voluntarily terminate his or her rights in favor of adoptive parents. This process can vary according to the nuances of the situation.

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. When one parent has primary physical custody, the court will typically suggest that the other parent stay with the child or children every other weekend from Friday after school until 6:00 P.M. on Sunday evening, one week night per week from after school until 8:30 P.M., and extended weekend visitations until Monday at 6:00 P.M. on long weekends. This is only a recommendation, though, and two parents who agree to this schedule or another plan are free to follow it as long as they receive approval from the court.

Discuss Your Family Law Matter with an Aventura 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 the Aventura firm of Stok Folk + Kon, our experienced family law attorneys will work hard to examine the details of your case and explain your choices. We proudly represent individuals in Fort Lauderdale and Hollywood as well as the rest of Florida. Call us today at 305-935-4440 or contact us through our online form to arrange an initial consultation.