Child Custody and Visitation

Fort Lauderdale, Child Custody and Visitation Attorneys

Under Florida law, it is assumed that both parents will maintain responsibility for caring for children. While parties are used to referring to children's issues in terms of custody, the courts use the term "parental responsibility" in referring to the decision-making relating to major issues affecting the health, education and welfare of the minor children. For this reason, Florida courts do not use the terms custodial and non-custodial parent.

Additionally in a divorce with children or a paternity case, Florida courts are called upon to apportion time-sharing between the children(s) parents. Although this issue is commonly understood in terms of "custody" and "visitation," Florida Law has been substantially revised in this area such that the courts no longer designate one parent as "custodial parent" and the other as "non-custodial parent," but instead implement a parenting plan which sets forth in fairly detailed terms the parties' rights with respect to both decision making and time-sharing regarding their children.

Family law attorney Stuart House works to protect and preserve your rights and the best interests of your children. He does so by negotiating agreements that meet your family's needs and by vigorously protecting your interests in court in custody and visitation disputes.

Legal representation is about obtaining successful outcomes. Call 954.928.0100, or contact Giunta & House, P.A., online to schedule an initial consultation.

Strategies that work to protect your rights and your children

Child custody and visitation disputes can become expensive and time-consuming. We take a comprehensive approach at the outset of your case to understand your family's needs. When necessary or helpful, we work with child custody evaluators, adult or child psychologists, investigators, and guardians ad litem (who represent the interests of the child)to build an effective case that supports your rights. These evaluations ensure the court has a full understanding of all the relevant facts in your case.

Time sharing and child support orders are related

It is important to note that time sharing is not about saving money – it’s about your relationship with your child. However, family court has recognized a long-standing inequity in how parents were treated when it came to time sharing and child support, and has changed the law to improve fairness.

If you have a "substantial" time sharing agreement, meaning your child lives with you 40 percent or more of the time (or 146 overnights per year), your child support payments would be substantially less than what would have been owed if you had fewer overnights. It is common sense that a parent who has substantial time sharing will also have substantial expenses relating to the care of the child. The court now acknowledges this.

If you are seeking forceful legal advocacy in court or in negotiations in a child custody case, or if you are seeking a modification of a parenting time agreement and child support order, contact Giunta & House, P.A., for an initial consultation with an experienced Fort Lauderdale family lawyer.

Convenient location • Free parking • Evening and weekend appointments by special arrangement • Credit cards accepted