Your divorce necessarily redefines your family. The challenge is to preserve your relationships with your children while conceding that their emotional needs may require time apart from you with your spouse. Tucker Mitnik, P.A. helps spouses develop realistic expectations for parenting after divorce. Drawing on more than 30 years of litigation experience, we can accurately assess how the court may rule on child custody issues. We can help you separate reasonable concerns from emotional sticking points, so you can focus, as the court will, on the best interests of your children.
Florida public policy starts with the presumption that frequent continuing contact with both parents, who share the rights and responsibilities of child-rearing, is in the best interest of the children. In most cases, the court will order shared parenting (joint custody). The children spend roughly equal time at each parent’s residence, and each parent has an equal voice in decisions related to the children’s health and welfare. When parents cannot reach agreement, the court may award one parent final authority, appoint a neutral party or rule on the issue. When contact with one parent may be detrimental to the children, the court may award sole parental responsibility (sole physical and legal custody) to the other parent. The noncustodial parent would be required to pay child support.
In deciding on time-sharing arrangements, the court will either approve a parenting plan the parents present or impose its own, basing its decision on the best interests of the children.
Your divorce should not deprive you of influencing your children’s development. Our firm helps parents create parenting plans that meet their objectives in a variety of areas:
We employ traditional negotiation or mediation to reach agreement with your spouse on a plan to present to the court. When agreement is not possible, we litigate aggressively for the court’s order to reflect your goals for your children’s upbringing. Once the court orders a parenting plan, it has the force of law. At that point, any change would have to come through a court-ordered modification.
Tucker Mitnik, P.A. understands the full range of parental concerns that arise during and after divorce. For close, personal support and excellent legal representation, call us at 321-392-5239 or contact our Melbourne office online.