Mom or Dad – Who Can Claim Custody of the Child After Divorce?
In Miami, the demand for custody is mandatory regardless of whether the parents have separated or divorced. However, the father cannot enforce his or her desire for custody without the consent of the other parent. Even if the father has good intentions and wants to have the child, there are certain circumstances when he or she may not be given custody of the child. In such circumstances, the father or the mother may file a custody action, requesting the judge to grant the father or mother custody of the child.
The child can remain with one or both parents, or they may choose to have a guardian appointed by the court. If the parent with the child is unfit to take care of the child, the law guardian may become the child’s legal guardian. The guardian may speak with the child, both parents, and other professionals, including a school therapist or forensic examiner, if necessary. The child’s best interests will be considered in determining the custody and visitation arrangements. Contact the best attorney in Miami who specializes in family law.
Courts also consider the conduct and lifestyle of both parents and their child when deciding between the parents. If the parents smoke, the child may be exposed to secondhand smoke. Children who are exposed to secondhand smoke may be placed in foster care. The courts also consider the child’s exposure to secondhand smoke. If neither parent is able to provide the child with the basic needs, a court may award custody to a third party. A custody evaluation may also be conducted by guardian ad litem to determine which parent is best suited to care for the child.
The court is primarily concerned with the child’s best interests. A parent who is best able to provide the child with a stable environment will likely be granted custody. In addition to this, the court will also consider the child’s relationship with the other parent. Young children may be assigned to the primary caregiver, while an older child may be assigned to the parent who can provide continuity in their religious life, neighborhood, or school. Even the mental health of both parents will be taken into consideration.
A parent can be granted joint or sole legal custody of a child. Joint legal custody means that one parent will have joint or sole physical custody of the child. A parent who has joint custody will usually be awarded the rights of primary custody. However, a parent with sole custody is typically deemed unfit for care of the child. Other factors that may influence the award of custody include alcohol or drug abuse, neglect, or child abuse. A court may also award sole custody to a parent who abused or neglected the child.
If the parent does not have the ability to make these decisions themselves, the court may grant temporary child custody orders. Temporary orders may provide relief while the court decides on final custody. In the meantime, a spouse can request temporary custody orders to ensure their financial needs are met and the child’s safety and well-being. This may prevent permanent orders from becoming permanent. In such a case, strong advocacy may be necessary to ensure the best interests of the child.
Shared custody is a type of parenting plan that involves the child living in both parents’ homes. However, the sole responsibility for critical decisions concerning the child’s welfare rests with one parent. Joint custody plans are often referred to as the 2-2-3 or 2-2-5 plan. These arrangements have a great chance of success if both parents are determined to be fit to raise a child. The 2-2-3 plan is the most common type of joint custody arrangement.
A court may order “reasonable” visitation for a child. In such cases, the noncustodial parent may fight for custody of the child, especially if the visitation time is limited. In many cases, the courts require parents to develop a parenting plan, which outlines the visitation schedule and responsibility for decisions that affect the child. However, if the parents cannot agree, the court may create a schedule that is based on standard practice.
The court may reconsider a custody order if there is a new legal guardianship. If the mother becomes incapable of caring for the child, the court may award visitation rights to the father. The court may also grant custody to a third party who raises the child, if the parent has raised the child. If the court decides to change the order, it will consider the best interests of the child. It is important to remember that the courts are constantly changing, and this makes it important to keep up with changes.