South Florida Attorney Eric N. Klein

Custody and Visitation

Child custody and visitation rights are two of the most difficult aspects of a divorce. It is fair to reason that this is more difficult than property division because these are people being discussed that, in theory, both parties to the divorce love equally.

Child Custody

The Boca Raton family law courts always have some difficulty determining child custody. Florida law mandates the use of the "Best Interests of the Child" test but sometimes it is difficult to see where the child will be better off. The name for the test is deceptively simple as it encompasses several different areas that are taken into account. Some of the most relevant questions and issues included in the test are:

• Who is the primary caregiver?
• Which parent is more likely to grant visitation to the other parent?
• The psychological and physical fitness of a parent
• With whom does the child want to live? If the child is old enough
• Financial ability and stability
• Is there a history of domestic violence with either parent?
• What are the recommendations of the Guardian Ad Litem?
• Keeping siblings together

The above is just a partial list of all of the factors that have to be considered by the court in a child custody hearing. While any decision needs to be supported by factors from the Best Interest of the Child test, there is nothing to determine whether or not the various factors have been applied or weighted correctly in the decision.

When children are involved in a case, the judge considers the children before anything else. Parents, regardless of circumstances, are required to take a parenting class to ensure that both parents are suitable parents for the children. Beyond that, the decision is up to the judge and the Best Interest of the Child test.

Post-Divorce Modification

Being awarded permanent custody is never really permanent. A change in circumstances can change the custody allotment completely. This can be a financial change or any other type of change. It is slightly more difficult than it sounds as an entirely new hearing is necessary but changes in circumstances are generally enough to warrant a new custody hearing for either joint or sole custody. It is easier to change visitation schedules than custody after a divorce has been finalized.

Visitation Rights

The court process involving determining visitation rights is very similar to that which determines custody. Every child has a right to see both of their parents. Because of this, the custodial parent cannot deny visitation to the non-custodial parent. This is true even in the event of missed child support or alimony payments. In extreme cases, the State of Florida can mandate that the child can see the non-custodial parent only with supervision. The first step to ensuring that you have visitation rights is setting up a court-ordered visitation agreement.

Court Orders that are Enforceable

If a court-ordered visitation agreement is not followed, people can be held in contempt of court. This is to ensure that a parent gets their time with their child. If the visitation agreement involves enough visits for the non-custodial parent, a reduction in child support payments may be determined necessary because the parent is incurring costs whenever he or she visits the child.

Parental Relocation

With so few people staying in one spot with one job for their entire working lifetime, it has become necessary to include provisions for when one parent moves away from the other parent. This inherently messes up the visitation agreement as the parents may no longer live across town from each other. Generally, a custodial parent is prohibited from moving out-of-state with a child. If this does happen, there are legal options available to you.

Call the Boca Raton family lawyers of Klein Attorneys at 561-353-2800 to learn more about child custody and visitation rights.