Contested Divorce with Children

At Adams, Luka, & Benton, our family law attorneys understand that on its own, divorce is tough. However, when children are involved, it becomes even tougher; issues such as custody (now referred to as timesharing), support, visitation, and other concerns must be addressed. In a divorce involving minor children, there will be interaction between spouses for many years to come. If you are facing a contested divorce and have children, it is critical that you work with a highly experienced divorce lawyer who will help make what is a highly emotional and even traumatic situation easier and less painful. The primary focus should be the children and their psychological well-being, however there are many areas that are often addressed in a contested divorce. We can help.

Issues such as visitation, child support, or relocation can add to an already tumultuous situation. In some instances, a child or children may be living in an unhealthy or even violent atmosphere. Violence sometimes manifests in one spouse or another, usually the spouse who fears losing control of the children, property, assets, or who simply does not want a divorce. If violence does become an issue, it may be possible to have your spouse ordered out of your home by the Court. This is certainly a drastic measure, but your safety and that of your children must be considered. If you choose to leave the home, it will not affect any of your legal rights. However, before you choose to leave your home under conditions you feel are unsafe for yourself and your children, discuss it with an experienced contested divorce attorney.

Throughout the state of Florida, shared parenting is encouraged unless it proves to be detrimental to the child/children involved. The state's current rule of shared parenting was designed to keep both parents involved in their children's lives. This type of parenting also helps parents avoid being labeled as one who has "primary custody" or "visitation rights." Ultimately, a parenting plan is required in the state, even in cases where both spouses agree to joint custody. While minor children will likely live with one parent the majority of the time, both parents have equal say on serious issues such as education, health, doctors, child care providers, college, and other major decisions.

A parenting plan at a minimum must describe or outline in detail:

• Specific times to be spent with each parent according to a time-sharing schedule
• How parents intend to share in the upbringing of the child/children in regards to daily tasks and activities
• Clear outline of which parent is responsible for matters related to school and health care, which should include physical address to be used for registration purposes and school-boundary determination
• Child communication - what technologies and/or methods each parent will use to communicate with their children

Courts strive to meet the needs of the child first and foremost. Essentially, Florida's family law courts want both parents to be involved in their children's lives, so that the children develop a loving, close relationship with both. While a contested divorce with children can certainly be acrimonious, our goal is to help guide you through the process so that all parties can achieve peace and the children can avoid as much negativity as possible.

As compassionate family law attorneys who handle contested divorce cases involving children, we realize the battles you face, and the concern you have regarding the effects on your children. We provide all of our skill, experience, dedication, and compassion to every client, and promise to work diligently toward the best possible outcome. Contact our Orlando contested divorce attorneys today at 407-872-0303 or 352-357-4084.