Child Custody lawyer - Theodore H. Enfield

P.A.

Child Custody Agreements

What is child custody?Under the Florida family law, the child custody in

Miami is declared by the court considering all the factors that involves the well-being of the child. The custody of the child can either be shared or be given to a solo parent. When legal separation involves child custody it is necessary to have a detailed conversation with the attorney regarding what kind of custody is realistic in their case. Custody decision can't be made in a vacuum it requires the couple to consider what is best for them and most importantly what is in the best interest of their children.

Categorizing child custody:A Child Custody law confirms the rights and

responsibility of the parent for their child. Child custody is divided into two sections:

Physical Custody Legal Custody First one includes physical custody of the child

and the other one is termed as legal custody. The physical custody defines the parent with whom the child will reside. The second type of custody i.e. legal custody generally describes the decision making on upbringing of the child.

Legal custody is completely different from the physical one. For instance a parent with legal custody has the right to decide on the child's medical, dental care and education. While announcing the custody child's preference is considered. If the child decides to live with both the parent then the parent are said to have joint physical and legal custody. Legal battles over the child custody can be long and very expensive. For proper understanding regarding the child custody it is necessary to consult an experienced attorney.

Types Of child custody:If you are having children and you are going for

a divorce you need to make decision that regarding the custody of children keeping in mind their best interest. Legally there are four type of custody possible which are described below:

Joint custody:

Joint Custody can be categorized as Joint Physical and Joint Legal Custody. Joint Legal Custody gives equal rights to both of the parents to take a decision that is in the best interest of the children that may include decisions regarding the child's health, education and welfare. Joint physical custody means that kids are going to spend significant time with both the parents.

Solo or full custody: Solo or Full Custody is the legal right which enables one

of the parents with absolute decision making authority regarding the children's health, education, religion and welfare. This type of custody is rare, but then it is ordered when the one of the parent has historically been uninvolved or has done nothing significant that indicated their participation with the children. In such type of custody the children live with the parent who has been legally given the solo legal custody and that parent hold a veto power that provide them the right to make decision regarding when, how and under what circumstances the other parent will meet the children.

Non-Parental or Third-Party Custody:

Anyone who is not the child's parent but wants the custody of the child can file for either a guardianship or can become the third party custodian of the child. There are different ways of doing that. If a child is in a paternity or divorce case the close relative of the parents can file for the third-party custody. In case of a guardian or third party custody the parents still have the right to see their child in parenting time. In such a situation the parenting time is determined by the court and if the court finds out that the parenting time can have a harmful effect on the children the court can take away this right from the parents. The threshold of receiving third party custody is very high. The relatives have to prove to the court that giving them the custody of the child will be in the best interest of the child.

Split Custody:

Split Custody is a rare form of custody that is resisted from the court side. This type of custody mainly comes when the child custody involves multiple children and each parent gets the custody of individual children depending on the preference of the children. When this happen the child support depends on the income of both the parents. How much support each parent will offer to the one living with the other parent is figured out according to the court guidelines.

About LawyerTheodore H. Enfield in Miami, Florida, deal with

family law issues such as divorce and domestic violence, prenuptial agreements, equitable property settlement, child custody & support.

For More information about Child custody Lawyer Visit on

www.theodoreenfield.com