If you are in the midst of a divorce and have children, you likely have many questions about what to expect and what actions you should take to ensure an outcome that serves their best interests. This can be an overwhelming situation and many are often unsure of where to start. Let us help set you on the right path by providing answers to some of the most commonly asked child custody questions.
- What is the difference between physical and legal custody? Legal custody refers to a parent’s ability to make decisions regarding a child’s upbringing. This includes issues related to health, education, extracurricular activities, and religious training. Physical custody simply refers to the child’s residence. A parent can have legal custody without physical custody and, of course, custody can be shared. Understanding your children’s needs as well as your own is important to decide which option is best for you.
- How do the courts decide who gets custody? A lot goes into a court’s decision-making when it comes to child custody. However, a child’s best interest is paramount among them, though the court will also factor a parent’s wishes, the current custody arrangement, and the child’s existing relationship with both parents.
- Do I need a lawyer? Family law can be complicated and, if you are involved in a particularly contentious custody battle, having a child custody attorney can be an invaluable and necessary asset.
- Should I seek temporary child custody? In many states, this is actually a requirement. Even if your state does not require that you file a temporary child custody order, it is still best to do so, especially in circumstances where a parent is ill or called for military service.
- What if my ex-spouse and I can reach a private child custody agreement? Even if you and your ex-spouse are able to come to an agreement on your own without the courts or mediation, having a lawyer draft the paperwork and file it appropriately with the court is still advisable.
Altamonte Springs Child Custody Attorney
At the Law Office of Russell S. Hershowitz, L.L.C., our accomplished family law attorney in Altamonte Springs will provide you with effective representation that is based on finding a resolution that is beneficial to your family. Our attorney has more than 25 years of legal experience and has been a member of the Florida Bar Association’s Family Law Section for more than two decades.
Contact our office at (407) 753-4111 for a consultation.