Category Archives: Uncategorized

Unmarried Parents Custody Rights

Posted on by
Reply

So if you are married and get a divorce, things are pretty “cut and dried”. However, if youchild and father are not married, that is a whole different ballgame. If you are trying to figure out what will happen to your child custody arrangement after a break-up, make sure you know which factors the court considers before making any custody orders.

Establishing Parental Rights

When a child’s parents are unmarried, it can be much more difficult to determine parental rights. And, in order to obtain any type of custodial rights, you must first establish that you have parental rights to the child in question. In Washington, as in most states, unmarried fathers must establish paternity in order to receive acknowledgment as the child’s legal parent.

Without establishing paternity, an unmarried father will not automatically receive parental rights, even if he is the child’s biological father and has assumed a paternal role in the child’s life. A biological mother, on the other hand, is automatically granted parental rights. Likewise, if a married woman gives birth, her husband is presumed to be the father and he receives parental rights automatically.

In order to establish parental rights, an unmarried father must sign an acknowledgment of paternity, along with the child’s mother. Or, if the child’s mother will not sign the acknowledgement, the father can file a petition to establish parentage through the court, which usually involves genetic testing to confirm the paternity.

Once a father obtains paternal rights, he has the right to pursue custody in the same way a mother would. Both mothers and fathers have equal rights to child custody.

How is Child Custody Determined?

Child custody is determined on a case-by-case basis, which means there is no standard arrangement that all unmarried couples use when they break up. Parents have the option of settling a parenting plan through mediation or outside of court, but if they are not able to reach an agreement on their own, they will have to bring their case before a judge.

In court, the judge will consider the following factors before determining child custody:

  • The child’s relationship with each parent
  • Each parent’s health and ability to care for the child
  • The child’s relationship with each parent’s community, household, and other family members
  • If one parent acted as the child’s primary caregiver in the past
  • The child’s wishes, if the child is deemed mature enough to express an opinion
  • Any history of domestic violence or abuse

What Are Our Custody Options?

Depending on each of these factors, the judge may decide to grant joint or sole custody. In a joint custody arrangement, the parents will share parenting time somewhat equally. If one parent is granted sole custody, the other parent will be scheduled specific visitation time with the child on a regular basis. In rare cases, usually when child abuse has occurred, the court may grant one parent sole custody without allowing the other parent any visitation rights, or only supervised visits with a social worker present.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

Preparing for a Divorce

Posted on by
Reply

No one thinks that it will happen to them. But it takes two fully functioning people mediationworking hard to keep it together, and it only takes one to mess it up. Plus people change. But if you find yourself in this quandary, there are some things you can do to prepare for the situation.

Be Sure You Want a Divorce. Marriage is hard. Two people with different points of view on life are bound to disagree. Emotions can run high when you are upset with serious issues in your marriage. The decision to get divorced often begins as an emotional one.

Make sure you have taken time and done everything you think you can to save your marriage. Counseling, with either a professional therapist or pastor, can help turn a rocky road into a smoother, more manageable one.

Once you serve divorce papers, it may be difficult to change courses, even if your feelings change. Your spouse may be so angered or hurt that the damage is done, and you are faced with an outcome that you now regret. Divorce is serious and changes the lives of everyone involved, so ensure that this is the direction and path you really want.

Take Inventory of Your Finances. Before emotions begin to run high, take a solid look and inventory of your finances. Go through your safety deposit box or safe and take pictures of everything you have. Additionally, take pictures of any valuable items, including furniture and jewelry that you may have in your home.

It is important to note that items may be valuable to you, but hold no financial worth, such as yearbooks or scrapbooks. Make sure to place those in a safe place in case you need to access them quickly, or in case your spouse becomes angry and throws them away.

If you have separate bank accounts, consider changing your passwords to safeguard your assets. If you have a will, consider updating it if needed to reflect your new situation.

Create a spreadsheet with all of your assets and debts, that includes all property, retirement and pension accounts, bank accounts, mortgages, credit cards, or other debts. While hiring an accountant is typically not necessary prior to divorce, it is important to understand your financial situation and help you budget for your divorce and your life after your divorce.

Determine Your Custody Goals. Your children are likely the most important concern to you as you begin to prepare for a divorce. Under almost all circumstances, barring egregious circumstances, the judge will order joint custody of the children to both spouses.

Courts have always favored allowing children to have the support of both parents, with shared custody and time. As you will likely have to co-parent your children with your spouse for a long time, it is important that you attempt on your part to make the divorce process amicable.

Determine Your Living Situation. Determine what you want your living situation to be after your divorce. Unless there are physical or other types of abuse, it is typically best not to leave the marital home prior to the divorce. If there is abuse, leave immediately and contact the police. However, in other circumstances, your behavior leading up to the divorce can impact the court’s decision regarding who keeps the marital home.

Make Any Purchases. In a divorce proceeding, a judge will often issue an order that prohibits either party from making any large purchase or selling any large asset. Courts issue these orders to prevent one spouse from completely draining a bank account or going on a spending spree that drains the assets of the marriage.

However, if you are going to make any purchases before a divorce, it is important to note that you are not allowed to drain the marriage assets, even if there is not a court order regarding your finances. Contacting an experienced attorney can help you make the determination if your purchase or sale of an asset is appropriate in your case.

Develop a Strong Support Network. One of the most important things you can do to prepare for a divorce is to create a foundation of friends and family that will support you during this emotional time. While it is never a good idea to make any statements, comments, or posts on social media, having a strong network of friends and family to rely upon during your divorce process will help you emotionally.

Consider seeking counseling from a therapist or from a pastor at your church. Your emotional stability during the divorce will help not only you, but your children, and help you make the wisest decisions as you move forward.

Meet with an Experienced Divorce Attorney. One of the most important things you need to do before asking for a divorce is to contact an experienced divorce attorney to understand your legal rights, and what course of action you should take. An attorney can advise you on finances, child custody, alimony and how best to move forward in your particular case.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

Divorce and Traveling with the Kids

Posted on by
Reply

Taking you kids out of state with you was probably not the first thing that you thought children travelingabout when you decided to get a divorce. But by now you probably realize that taking the kids out of state might violate the parental rights of your ex-spouse and there are restrictions on doing that.

Can I take my kid out of state before divorce?

When spouses can no longer live together and are divorcing, they often want to put some distance between themselves. In some cases, spouses move out of state even before the divorce is finalized. However, parents of minor children are not necessarily free to move anywhere with a child and file for divorce.

Can I take my child out of state for vacation without my spouse’s permission?

Can a non-custodial parent take a child out of state without permission? If no custody order exists, a short trip without court permission is allowed under normal circumstances. But it’s important to not take the child out of the state against the opposing parent’s wishes.

Can my ex-spouse take my child and leave?

First, legally, they cannot simply leave with the kids. Even though this has seemingly happened for years, the mother has no more right to the children than the father, especially if there is no divorce or custody agreement in place. As a married couple, you share joint-legal custody of the children.

Can a mother stop a father from seeing child?

The answer is usually no, a parent cannot stop a child from seeing the other parent unless a court order states otherwise. … The parent with whom the child lives is limiting contact between the child and the other parent. The parents have an existing child custody and parenting time order.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

Financial Settlement

Posted on by
Reply

So if you are considering a divorce, one of the first things you are going to wonder about ismediation how you are going to split up your assets. Each person normally gets 50 percent of the assets and 50 percent of the debts. There are complicated factors that need to be considered including finding all the assets and debts in some cases where a partner has been left in the dark. Therefore, it is vital that you work with a family law attorney to find and divide assets. Keep these important facts in mind when dividing assets during a divorce in Florida.

Judge Can Decide

If you and your ex cannot come to an agreement, then a judge can make the decision. Florida law gives judges lots of wiggle room in making their decision on how assets and debts will be split. The judge can consider if one spouse put their educational or career goals on hold for the other spouse. They also can take into consideration if either spouse stayed home with children. The judge also may consider if one spouse is making a lot more contributions to improving the jointly-owned property. The judge may also take into consideration if one spouse has protected assets while the other one has spent frivolously. While a great divorce attorney can often help influence the way that a judge thinks, it is usually best if couples can come to an agreement on their own.

Marital Vs. Nonmarital Assets

Generally, a judge will only consider assets and debts incurred during the marriage. Therefore, each spouse will keep any assets that they brought into the marriage. Again, judges have a lot of wiggle room because they can determine that an asset has increased in value over the lifetime of the marriage. Then, the spouse may have to give the other spouse half of that money. Judges often struggle with this, especially if one spouse has made a huge commitment to increasing the value while the other has done very little. Again, it is vital that you deal with an experienced family law practice if going to court, so you get the best deal possible.

Dividing of Debts

Remember that debts will be divided during your divorce. If the judge decides, then he or she may decide that you receive fewer assets while your ex gets more of the debt if they feel that it will make the division more equitable.

There are many reasons that you need to work with an experienced attorney when preparing your divorce decree. Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

Getting Ready for Divorce Mediation

Posted on by
Reply

So you probably haven’t been involved in anything like divorce mediation. You probablymediation haven’t figured out what’s involved or how to go about it.

What to bring. There will be long stretches of time when it’s just you and your lawyer in your conference room, either analyzing an offer or counter offer from your ex, formulating your own counter offer, or waiting for the other side to respond to your last counter offer. That time is best spent thinking reasonable thoughts and sampling the delicious variety of snack foods that your mediator will have set out on a tray in the middle of the table in your conference room if he has any decency at all. (Fun scientific fact: Calories don’t count during mediation.)

I hope for your sake you like your lawyer’s personality, because you’re going to have a lot of togetherness that day. There’s only so much chitchat one can take, so make sure you bring stuff to do when you’re all talked out. A fully charged cell phone and an iPad or laptop (and chargers for all of the above, just in case) are must-haves. I’ve seen clients bring knitting projects or busy work like invitations to address to their upcoming divorce shower to help pass the time and keep them calm.
If you’re old school, you can even bring an actual book with paper pages and a cover and everything.

But here’s one thing you can’t bring: guests. Even if you feel like you cannot function without your sister, mom, or best bro, trust me on this one: Mediation is something you need to on your own. You may think these key people will add support–and they might fully intend to; but nine times out of ten their very presence clouds your decision making and risks torpedoing the whole process. So, put on your big girl or big boy pants and suck it up. This is a job for you and your lawyer.

What to wear. Mediation is not as formal as court, but not as casual as, say, going to the gym. Aim for that sweet spot between a Hillary Clinton power suit and yoga attire. Business casual is the name of the game.

It’s important to make a good impression on the mediator. She can’t make rulings, but she can (and does) form opinions–and those opinions might influence how she sizes up you and your positions. If you’re in Daisy Dukes and a halter that says “My blood alcohol level is .0 percent of your business,” and your ex is in slacks and a button down shirt, that might affect how seriously the mediator takes your insistence on the importance of your having the exclusive right to make medical, educational, and psychological decisions about your children.

Whatever you wear, make sure every piece of clothing comfortable, all the way down to the shoes on your feet. There’s nothing more miserable than being trapped in an uncomfortable outfit while you’re cooped up in a small room for 8 hours trying to negotiate your divorce. No amount of yummy snack food can make that feel okay.

How to Act. Mediation is not the departure lounge for your soul-searching journey–you should have taken (and returned from) that trip already. It’s important to think through your divorce priorities in advance and arrive at mediation knowing what you can (or can’t) live with (or without). It’s likewise imperative for you to be clear on your positions on the various issues, but it’s equally imperative that you arrive with an open mind. That might sound inconsistent, but it’s not.

If you moved out of the house last year and have said all along that your ex can have it because all it is to you is a museum of miserable marital memories, don’t show up to mediation demanding to get the house back. If you and your ex have been following a week-on, week-off schedule with the kids since you split up, don’t come to mediation demanding that his time be cut in half. Pitching an unreasonable position out of the blue on a hot button issue is a guaranteed way to sabotage the day.

If you describe yourself as a reasonable person, this is exactly the forum for you to walk that talk. There’s a difference between holding firm on things that you feel strongly about and being unreasonably stubborn. Mediation is not the time or place for hardball or sucker punches. Compromise is the name of the game.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

Your School and Your Divorce

Posted on by
Reply

Divorce can be very traumatic for a child. In addition to not having both mom and dad at

A row of primary school children in class, close up

home all the time, there may be new living arrangements and perhaps going to a new school to add to all that.

Your child’s teacher, particularly at primary level, will see your child every day, and a secondary teacher or tutor gets to see them in a light you do not: interacting with friends, working in class, playing sport, or being on their own. Teachers will not want to be drawn in to bitter rows or to take sides, but the likelihood is they will want to help your child. Communication is key. Your child will not be the only one whose parents are separating, and the school is likely to have dealt with similar situations before, so use their wisdom and resources.

Many teachers have experience of pupils being caught in the middle of warring parents. Parents’ evenings can be especially fraught, particularly if parents argue publicly or cannot help but make passive aggressive comments to one another in front of teacher and child. Other behavior can be more underhand – for example, the mother who contacts the school to try to prevent the father from ordering their child’s school photograph (although he is entitled to do this), or the father who puts pressure on a form tutor to endorse certain living arrangements.

Almost always, both parents have parental responsibility, which means decisions about their child’s education need to be made jointly. Unless there is a court order in place to the contrary, the school is able to send communication to both parents and allow a child to be collected by either parent and should do so.

Competitive parenting (like extravagant weekend trips) can exhaust pupils, and having two bases can cause problems like forgotten PE kit or reading books, or (for opportunistic children) a ready excuse not to do homework. Children tend to need a lot of support at this time, practically and emotionally, and the best way of providing this is usually for parents and schools to work together.

Here are ten tips we have gathered from primary and secondary school teachers on how to help your child and your child’s teachers through a marriage or relationship breakdown:

Be upfront. Tell the school you are separating. Tell them about any new partners. Tell them what you have told your child, and how much your child knows.

Be proportionate. Ask the school to provide copies of all standard communication to each parent, including parents’ evening appointments and school reports – but don’t ask them to copy all communication to both parents. Especially at secondary level, when your child will have several different subject teachers, schools cannot guarantee their staff will always contact one parent to say the other has been in touch, or that all emails will be copied to both parents.

Be involved. Go to as many school events as you can: school plays, sports days, parents’ evenings, volunteer to go on school trips to support your child. Don’t underestimate how much younger children especially love to show off their mum or dad, and have the comfort of their presence – it feels special to have them in the classroom or on a class trip. The level of parental support and involvement at secondary school is increasing, so if possible, make the most of that.

Be positive. Remain as positive about each other as you can in front of your child, and in front of the teacher. Teachers are not judges or referees.

Be organized. Try to attend school events at different times if you cannot be in the same room as each other. Most plays will have two performances and parents’ evenings will have various slots available, and if that is not possible, wait in different places when you arrive.

Be consistent. Where possible, keep a consistent routine for your child and try to ensure they can continue going to the same activities and clubs as before. Give the school clear guidelines: at primary age, a written timetable can be helpful so that class teachers know who is collecting, and when.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

Alternative Divorces

Posted on by
Reply

Have you considered trying to have a divorce without litigation? There are some mediationinteresting alternatives available. Couples that seek to dissolve their marriages without the challenges of litigation often turn to alternative dispute resolution. Non-litigation settlement strategies are particularly effective for couples committed to maintaining respectful relationships with their spouses after the divorce, and may also minimize negative consequences facing the children. The following issues, among others, are typically amenable to such settlement strategies:
•Property divisions
•Spousal support
•Interim living arrangements
•Child support
•Custody and visitation

Divorce Mediation and Collaborative Divorce, Generally

Two kinds of alternative dispute resolution models, often used by divorcing couples, include collaborative divorce and divorce mediation. In divorce mediation, the parties hire an independent neutral third party who brings the spouses together (with their attorneys if any were hired) to assist them to reach a satisfactory divorce settlement. In a collaborative divorce, a relatively new form of dispute resolution, each spouse hires their own attorney, and the two attorneys and their clients negotiate directly with each other without resorting to litigation.

Although divorce mediation has become a popular alternative to litigation, collaborative divorce, available in most states, is also beginning to establish itself as a successful form of divorce dispute resolution. Further, just as the practice of mediation is common in numerous other areas of law, collaborative law is starting to be used for numerous non-family law disputes, such as employment and business disputes.

Same Goals, Different Approaches

The underlying goal of both divorce mediation and collaborative divorce is to allow couples to reach mutually satisfactory divorce settlements in lieu of facing the unpredictable results of judge-imposed decisions. While both resolution models have proved to be generally effective, numerous differences may affect a couple’s decision when deciding which would be most appropriate.

Fees and Experts

Although few comparison studies have been conducted with respect to the costs of collaborative divorce, the general consensus is that litigation, on average, is more expensive. One study indicates that collaborative divorce fees generally reach about 1/3 the cost of the typical litigated divorce. Expenses will increase when there is a need to hire outside professionals. For instance, if the attorneys reach an impasse or lack the expertise to address a particular issue such as the value of one of the spouse’s businesses, a financial expert may be retained for assistance. In a collaborative divorce, the parties generally split all costs and fees.

Similar to collaborative divorce, in mediation, the parties generally split the mediator fees. However, unlike collaborative divorce, the parties are not required to hire attorneys (although the option generally remains open). Mediator fees can range widely, being as low as $100 to $200 per hour and sometimes exceeding $400 per hour, often depending upon the type of law involved or the complexity of the issues. Many mediators have separate fee scales for couples who choose to schedule the whole day.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

Be Careful with Social Media

Posted on by
Reply

You probably know someone like this. Every time they have a fight with their spouse or adivorced couple friend, they put all the details out on social media. It probably makes you wince to see all the details out there for everybody to see. This is not a good idea for anyone, but if you are going through a divorce, it can really be a problem. Social media is a great tool for keeping in touch with friends, sharing exciting experiences, and getting into contact with new people. However, during a divorce, social media can be damaging and dangerous.

While social media can sometimes serve as a great outlet, it should never be a place you go to share personal information pertaining to your divorce.

Find out what bad social media habits you need to break during your divorce:

Rants and Outbursts

Although it may feel cathartic to voice your emotions to the online world, the results could be far more lasting than you imagine. While your intentions may be innocent, sharing any information about your upcoming divorce – your spouse’s unfaithfulness, financial issues, child custody disputes, or other similar problems – should be completely off-limits. These types of posts can be used as evidence against you in the divorce. Even if your ex and you are no longer connected via social media, don’t assume that your social accounts are private. He or she could still find out what you’re posting through friends, relatives, or other mutual connections.

Sharing Your Location

Nowadays, technology makes it easier than ever for us to keep track of one another. While it may seem second-nature to share a picture of yourself on vacation or “check in” at a fancy restaurant, if you are going through any type of legal dispute, you need to think about the potential consequences. Sharing your location during your divorce could give your spouse ammunition to use against you in court. For example, if you are on vacation in the Bahamas, he or she could use that information to prove you do not need as much alimony as you are asking for. Or, this could be used to show that you do not have enough time to share equal custody of your children. Whatever the angle, always consider how sharing your location could cost you in the long run.

Posting Images of Drinking

A photo of yourself with a glass of wine on the couch may seem innocent enough, but it could wind up hurting you in court. Always consider any image you post as potential evidence used against you in a custody battle, property division argument, or any other aspect of your divorce. If you are caught drinking, even if it is only one drink, on a night you have the children, your ex could go so far as to accuse you of being an unfit parent. Even if you think you can disprove this accusation, it’s always better not to risk it, so never share images or posts about alcohol, drugs, or anything else that could be construed as dangerous or irresponsible behavior.

Why is Social Media Such a Threat During Divorce?

Social media posts can be used in court as evidence against you, which is why it is crucial to keep all sensitive information to yourself and away from online outlets. Also, the type of gossip and turmoil any inflammatory post could generate wouldn’t only affect you, it could make things more difficult on your children as well. If your kids see you bad-mouthing their other parent online, or if they see you venting about the difficulties of the divorce, it could leave them feeling guilty, confused, frustrated, and hurt. Even if they do not see your social media themselves, they could catch the gist of the message from friends or relatives. Instead of chancing this type of reaction, keep sensitive information to yourself, and be sure to communicate with your kids about how they are handling your divorce.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

Why Mediation?

Posted on by
Reply

Of course, things are going to go a lot easier in the divorce process if the two principals canmediation agree on the terms of the divorce. Perhaps you can’t totally agree, but you aren’t that far apart. Perhaps the mediation process might work better for you than the conventional process.

BENEFITS OF THE MEDIATION PROCESS

There are many benefits to the mediation process. Some of them are:
•affordability
•timely resolution
•private sessions
•confidentiality
•participation in the resolution of the dispute
•preservation of the interrelationship between the parties.
•The cost of mediation is less than the average cost in time and money for the litigation of a dispute. The mediator’s hourly rate is generally lower than the hourly rate for a lawyer.

The Settlement Agreement is the only record of the proceedings. The Agreement to Mediate which is signed by the parties prior to the conference will often remind the parties of the confidentiality of the session and that the mediator is not available as a voluntary witness in a trial of the matter.

HOW DOES IT WORK?

The conference is held at a mutually agreeable neutral place. It can be the office of the mediator or another private facility unavailable to spectators. However, the initial mediation may continue with subsequent telephone negotiations between the mediator and the parties where appropriate.

Those present at the session are:
•the parties
•their attorneys, if represented,
•the mediator and others as agreed to in advance.

In community mediations, there are generally many persons present and often there are co-mediators. Parties to mediation may or may not be represented by counsel. When counsel is present the parties may be encouraged to work with the mediators and to confer with the attorneys on legal issues. In general, a protocol with the attorneys is set prior to the session. Attendance at the mediation by the party with the authority to settle is essential. In personal injury or workers compensation mediation, the insurance adjusters must advise the mediator that their supervisor or another person with full settlement authority is readily available by telephone.

PENALTIES FOR FAILING TO REACH A SETTLEMENT?

There are no legal penalties for failing to settle at mediation. In states where mediation is court ordered there may be penalties for failing to attend the mediation conference and making a good faith effort to settle. When the parties fail to settle, the case may be filed in an administrative agency or court of competent jurisdiction or set for the next action under the forum’s procedure. Generally, the only report of an unsuccessful mediation is the referral back by the mediator to the court or agency for further processing.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.

Custody Definitions

Posted on by
Reply

Obviously, one of the most sensitive issues during a divorce is the child custody child leavingarrangements. You have heard the words “sole custody” and “shared custody”. Do you know the difference? It is helpful to understand the terminology.

Two Types of Custody: Legal and Physical

It’s important to remember that there are two distinct types of custody: legal and physical.

Legal custody refers to a parent’s right to make decisions on behalf of their child and have access to their child’s private information. For example, a parent with legal custody of a child would have the right to make decisions about healthcare and education.

Physical custody refers to a parent’s right to be present in their child’s life and have their child live with them. For example, a parent with physical custody of a child would have the right to have their child live in their home.

Custody decisions must reflect a parent’s legal and physical custodial rights. Both of these rights can be sole or shared.

Courts prefer for children to remain in regular contact with both parents after a divorce. It’s believed that maintaining relationships with both parents will be in the child’s best interest and provide them with the stability and normalcy they need after a divorce. The best way to achieve this is by awarding parents shared legal and physical custody of a child.

Shared custody means precisely what it says. Both parents are awarded the right (a) to make decisions for their child and (b) be present in their child’s life. In shared custody arrangements, parents have to be willing to compromise and work together to do what’s best for a child.

Do Parents Have Equal Rights in Shared Custody Arrangements?

Not necessarily. Joint custody arrangements do not have to award parents equal rights. Joint, or shared, custody simply means that both parents are awarded some degree of rights and responsibility in regard to their kids. However, it is often preferable to grant rights that are as equitable as possible in joint custody situations.

Legal Custody: In shared custodial arrangements, it’s fairly simple to award parents equal legal custodial rights of a child. Neither parent has the “final” say when there are disputes over decisions that affect a child’s health, education, or well being. Instead, both parents get an equal say. If disputes can’t be resolved, courts can step in and make a unilateral decision.

Physical Custody: In shared custodial arrangements, it can be difficult to divide physical custody equally between two parents. It’s simply a logistical nightmare. As a result, one parent often gets to spend a little bit more time with the child than the other. In other situations, one parent spends significantly more time with the child than the other. However, both parents continue to share the right to have their child live with them in their home for at least some period of time during the year. The parent who spends more time with the child is often referred to as the primary custodial parent.

Sole Custody Sometimes Necessary to Protect a Child’s Best Interests

Courts will always encourage parents to find a way to make a shared custody plan work. However, there are times when allowing both parents to share legal and physical custody is not in the child’s best interest. This happens when there is evidence to suggest that a parent would not be physically, emotionally, or psychologically fit to take care of their child.

Sole custody may be preferable when one parent:
•Is addicted to drugs or alcohol
•Suffers from a mental or physical disability
•Has a history of domestic abuse
•Travels frequently and can’t provide a steady home for the child
•Is visibly absent from the child’s life.

Sole custody can also be useful when two parents do not live near one another after a divorce. For example, a shared physical custody arrangement wouldn’t work too well if one parent remained in Los Angeles, but the other moved to New York. It wouldn’t be fair to the child to require them to live half of their life in one state and half of their life in another.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.