What is the most important thing to remember before a custody hearing in Fort Lauderdale?
The Florida Statutes provide specific language about how custody is determined and how judges and parents may decide on a shared parenting plan or modifying it once it is in place.
The most important rule
There is one single important lesson to keep in mind before a child custody hearing in Fort Lauderdale or anywhere else in Florida. You will need to convince the judge that you are a financially and mentally stable individual who is capable of serving the best interests of the child.
What are the best interests of the child?
The law defines the best interests of the child as all factors the affect the welfare and interests of the child and the family as a whole. Some of the legal terminology that is used discusses the capacity of the individual to provide a good parent to child relationship and adhere to the parenting plan that is in place. Courts also try to minimize disruptions through things like excessive movement, changing schools, and other things that detract from the child having the benefit of a stable environment.
As a strategic matter, there are a number of ways to show this during a hearing with the help of an attorney.
- A history of consistent employment and enough income to provide for things like education, healthcare, and daycare
- A clean record that is devoid of criminal charges, mental health issues, substance abuse, or significant financial problems
- A history of a strong relationship with the child, where awarding custody will cause little or no disruption to their education, social life, and community ties
- Being able to maintain a normal lifestyle without constant relocation or traveling far away from the child’s home
- Any other factors that tend to show one parent will be able to provide a more stable and safe environment than the other
Ways to give a concrete application of the best interests in a court room
Remember that family law does not have as much of an exact set of rules as many other areas of the law. A standard such as “the best interests of the child” is fairly open ended and judges are given guidelines rather than concrete rules. That is why it is always crucial to have an attorney on your side who knows the local family court system and judges. They will be able to effectively persuade them and advocate on your behalf. Your lawyer will also direct to you provide the appropriate documentation or medical records necessary to show why you are capable of caring for the child, as well as some matters that may be mentioned about the opposing parent to give an advantage. The initial hearing is very important because it is difficult to modify this binding schedule without showing significant changes.
Get local help from an attorney who knows how to serve you
For more help preparing for a custody hearing in the Fort Lauderdale area, contact an attorney at King Lindsey P.A. You will receive expert legal advice about a number of family law issues that people routinely deal with during divorces and custody disputes.