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Tavares Child Custody Lawyer Serving Lake County

For parents in Tavares, a dispute over child custody can be one of the most distressing things they have ever had to face. Whether you are a parent involved in a divorce or were never married to your child’s other parent, determining where your child will live, go to school, and spend their holidays are immensely important decisions that should not be made lightly or without legal guidance from an experienced child custody attorney. Here at My Florida Family Attorney, Adams, Luka, & Benton, P.A., our experienced child custody lawyers have successfully handled highly contested custody cases in all types of situations to get our clients the results they want while protecting the best interest of their children.

What Should I Expect in a Child Custody Case in Tavares?

As a parent facing a child custody case, you likely have many questions and concerns. Some of the most common questions our Tavares child custody lawyers hear involve what a parent’s rights are, whether one parent can prevent another parent from getting custody, how the court makes its decisions, and what can be done about a parent who is not capable of caring for a child or endangers a child.

All child custody cases will start with a presumption that having continued contact with both parents is in the child’s best interest, and that both parents should share equally in the responsibilities and joys of raising a child. It is important to note that this presumption can be rebutted if a parent is not capable of caring for a child or engages in behavior that is harmful towards a child. Despite many misconceptions, the court does not favor mothers nor fathers over one another based on gender. While mothers were traditionally awarded custody over fathers, family laws have changed and courts are no longer allowed to give mothers preferential treatment based on outdated gender stereotypes.

In many situations, custody disputes can cause tension and heated arguments between the parents. Unfortunately, this behavior can have a very detrimental impact on the children, who often find themselves caught in the middle. A parent may say negative things about the other parent, inappropriately question the children about the other parent, discuss the ongoing court case with the children, refuse to cooperate with the other parent at the child’s expense, or engage in other behaviors that negatively impact the child’s wellbeing. Courts are aware of the negative impact these behaviors have on children and do not look favorably on parents who engage in this behavior. Our trusted and caring child custody attorneys at My Florida Family Law, Adams, Luka, & Benton, P.A., can help guide you through these issues and streamline the custody process to minimize or alleviate these concerns. If the other parent refuses to cooperate with avoiding these behaviors in front of the children, our attorneys will be able to bring this to the attention of the court in an effective manner on your behalf.

What Factors Will the Court Consider in Awarding Custody in Tavares?

The standard that the court in Tavares will follow when deciding issues of child custody will always be the best interest of the child. Florida statute lays out several factors for the court to consider when deciding what is in the child’s best interest. An experienced and knowledgeable child custody lawyer will be familiar with these factors and know how to apply them to your unique situation to make sure the court has all of the necessary information to help you get the results you are seeking.

These factors include:

  • Each parent’s ability to facilitate and encourage a parent-child relationship
  • Each parent’s ability and willingness to comply with a court-ordered time-sharing schedule, and be reasonable when necessary changes arise
  • Each parent’s ability and capacity to put the child’s needs first above their own needs and desires
  • The geographic viability of the parenting plan, including the amount of time the children will be required to travel to effectuate the plan
  • Each parent’s moral fitness
  • Each parent’s mental health and physical health conditions that impact their ability to care for the children
  • Any substance abuse issues of the parents
  • Any violent or abusive behavior by either parent, including domestic violence, child abuse, sexual abuse, and neglect
  • Each parent’s involvement and participation in the child’s school, education, and extracurricular activities
  • Whether the parents avoid discussing the court case with the child and avoid making disparaging comments about the other parent to the child
  • The child’s developmental level and needs and the ability of each parent to meet those needs
  • Any other factor the court deems relevant

It is important to note that when the court considers each parent’s abilities and willingness to do certain things, they will consider the parent’s conduct both before and during the court proceedings. This is why it can be crucial to consult with a child custody lawyer instead of possibly taking matters into your own hands when custody disputes are not going well. While it can be tempting to name-call, argue, or refuse to cooperate with the other parent, an experienced and dedicated custody attorney can help you decide the right course of action to avoid weakening your case. Our child custody attorneys in Tavares have extensive litigation experience and will begin formulating a trial strategy and help you gather evidence from the very beginning in the event that a trial is needed, while still putting forth every effort to settle without trial if possible. Negotiations and mediated agreements are cost-effective ways to resolve a case quickly with minimal conflict and stress whenever possible and are best explored with an experienced and dedicated child custody lawyer on your side to make sure any agreement reached is fair and in the best interest of your children.

Contact Us Now for Your Free Consultation

At My Florida Family Attorney, Adams, Luka, & Benton, P.A., our dedicated and skilled child custody attorneys in Tavares are ready to start fighting for you and what is best for your children today. Child custody cases are difficult and stressful, but you do not have to go through it alone. We will advocate for you and help you mitigate any negative effect custody battles can have on your children. Contact us now, we’re available 24/7 for a free consultation at 407-872-0303 or 352-357-4084.