Beverly L. Vesel and Associates, P.A.
Over 29 years of experience in Marital & Family law
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AV Peer Review Rated Family Law Firm*
Your children may be your greatest assets. The thought of being denied the rights of continuing with every-day activities as they were before your divorce may be something you just can’t fathom. Many questions arise in this subject and we will try to address some of them below.
The court will view the custody, visitation, and child support clauses of your divorce settlement with the utmost scrutiny, because your children are more important than property or money. As parents, you want to look out for your children's best interest.
Legal custody involves the decisions made about childrearing. These decisions will take into account many variables such as religion, education, discipline, and the general well-being of your children. Joint legal custody gives both parents the power to make major childrearing decisions, while sole legal custody allocates those major decisions to one parent. The parent who is caring for the child will make basic day-to-day decisions.
Where the child will physically live is determined by which parent has physical custody. When
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there is a joint physical custody agreement, the child will reside with each parent for a portion of the year. When one parent has sole physical custody, the children will live primarily with that parent. The non-custodial parent may or may not have visitation rights. We can help you decide on a logical visitation schedule if your case necessitates one. If unable to come to a decision, the court usually has standard visitation schedules they may go by, using different schedules for different age groups.
Having both parents play an active role in a child's life would be the ideal situation and in the child's best interest. However, some feel that constantly moving back and forth between households can be disruptive to a child's development. A balance must be found that works best for your family. The responsibilities and privileges each parent will have with the child can be often outlined in a parenting plan.
If you feel that your spouse poses a danger to your children's health, safety, emotional, or moral well-being, you must display proof of this in order for us to make sure that these occurrences don’t continue.
Your divorce is between you and your spouse, not your kids. Your kids aren't divorcing you or your spouse, so they should be able to feel like they can still count on the two of you. If you can minimize conflict between yourself and your spouse, it's usually best for everyone.
Florida Laws on Best Interest of the Child.
61.13(3)
When awarding child custody in Florida, the court will consider all factors affecting the welfare and interests of the child, including but not limited to:
The parent who is more likely to allow the child frequent and continuing contact with the non-custodial parent.
The love, affection, and other emotional ties existing between the parents and the child.
The capacity and disposition of the parents to provide the child with food, clothing, medical care, and other
mat-
erial needs.
The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining con-
tinuity.
The permanence, as a family unit, of the existing or proposed custodial home.
The moral fitness of the parents.
The mental and physical health of the parents.
The home, school, and community record of the child.
The reasonable preference of the child as to custody, if the court deems the child to be of sufficient intelligence,
understanding, and experience to express a preference.
The willingness and ability of each parent to facilitate and encourage a close and continuous parent-child rela-
tionship between the child and the other parent.
Evidence that any party has knowingly provided false information to the court regarding a domestic violence pro-
ceeding.
Evidence of domestic violence or child abuse.
Any other fact not specifically expressed in these laws that the court considers to be relevant.
Parenting Course in Divorce.
A parenting course is required by Florida laws for all couples with children who obtain a divorce in Florida.
Contact:
If you face any issues that fall in the categories of our practice — call 954-771-6210 or contact us by email to schedule a time when we can meet and discuss the details of your situation.
*AV Peer Review Rating — shows that a lawyer has reached the height of professional excellence.
He or she has usually practiced law for many years, and is recognized for the highest levels of skill and integrity.
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Beverly L. Vesel and Associates, P.A.
100 West Cypress Creek Road - Suite 965
Fort Lauderdale, Fl. 33309
Telephone: (954) 771-6210
Fax: (954) 771-0434
Email: bvesel@bvesellaw.com
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