Sharing time with children is an emotionally fraught issue for divorcing or separating couples. When the parents can put their disagreements aside to negotiate a time-sharing arrangement, everyone benefits. Sadly, sometimes, parents project their anger onto the custody negotiations or do not trust each other as parents.
Navigating child custody disputes in Miramar Beach requires reasonable expectations, patience, and an ability to separate your preferences from your children’s needs. The experienced child custody attorneys at Emmanuel Sheppard & Condon will take the time to thoroughly understand your situation and discuss your desired outcome. Our knowledgeable legal team will explain the law and guide you to the solution that serves your children’s best interests.
Law Favors Equal Time-Sharing
Florida Statutes § 61.13 describes the law governing the custody of children whose parents live apart. It directs that all decisions regarding children be based on the children’s best interest, and states that it is presumed that equal time-sharing between the parents is best for the children in most cases. Unless both parents agree on an unequal time split, a parent who wants a different result must prove that another arrangement is better for their children.
The law presumes that equal time-sharing is contrary to the children’s best interests in specific circumstances. These include situations in which one parent has been convicted of misdemeanor or felony domestic violence crimes or certain sex offenses. A Miramar Beach attorney at Emmanuel Sheppard & Condon can discuss whether these presumptions against shared custody apply in a specific case.
Even when a parent has been convicted of serious crimes that might endanger their children, it is possible for the parent to prove that they do not pose a threat. Further, even when courts restrict parental responsibility or time-sharing because of criminal convictions, parents typically retain the right of access to information about the children and may have limited, supervised visitation.
Courts May Seek Third-Party Assistance
When parents are involved in an intractable custody dispute and are not making progress toward resolving their disagreements, either party or the court can seek help from third parties. The role of these third parties varies depending on the needs of the court, the parents, and the children. It is critical to seek advice from a Miramar Beach lawyer when working with a third party to resolve a custody dispute.
Custody Evaluator
A custody evaluator is a licensed mental health professional who interviews the parents and children to determine what custody arrangement serves the children’s best interests. The evaluator also may administer psychological tests.
The evaluator does not provide treatment to the family members, and the information they collect is not confidential. The evaluator makes a report to the court of their findings and recommendations, which often carry substantial weight.
Guardian ad Litem
A guardian ad litem (GAL) is usually a family law attorney with specialized training, although some GALs are not lawyers. They act as advocates for the children’s best interests and investigators for the court. A GAL will visit the parents’ homes, meet with the children, and often also meet with teachers, neighbors, extended family, doctors, therapists, and others who may shed light on the children’s circumstances.
After conducting their investigation, a GAL reports to the court with their recommendation. A judge is not obligated to accept the GAL’s recommendation but may weigh it when making their decision.
Parenting Coordinator
A parenting coordinator is a mental health professional who helps parents learn to resolve disputes concerning their children productively and respectfully. Unless the parents agree otherwise, sessions with a parenting coordinator are confidential. The coordinator may report to the court whether parents are attending scheduled sessions and making progress but may not report on the substance of the discussions.
Contact A Miramar Beach Family Lawyer When You Are Involved in a Custody Dispute
Emotions often run high when parents disagree about what is best for their children. Sometimes, the conflict has more to do with the parents’ anger at each other than the children’s wellbeing.
Our skilled team of attorneys at Emmanuel Sheppard & Condon can provide critical assistance and support when you are navigating child custody disputes in Miramar Beach. Reach out to today to discuss your situation.
