Brian M. Moskowitz Law Office

Delray Beach Child Custody Lawyer

 

The Law Offices of Brian M. Moskowitz - Divorce Attorneys Serving South Florida

At the Law Offices of Brian M. Moskowitz, divorce and family law is our passion. Helping Florida families navigate the legal system while being sympathetic to their situation is a hallmark of our services. Family law attorney Brian Moskowitz is a divorced single parent who handles each case personally. He knows how important it is to protect your assets, your dignity, and your children.

Contact us today at 561-369-4481 or by filling out our online form to discuss your child custody questions. From our offices in Boynton Beach, Boca Raton and West Palm Beach, we provide family law services to individuals throughout the state of Florida, including the South Florida communities of Boynton Beach, Boca Raton, Delray Beach, Lake Worth, Wellington, West Palm Beach, Palm Beach and all of Palm Beach County.

When ending a marriage, determining who gets the children is one of the most important decisions that have to be made. As of October 1, 2008, the state of Florida chose to stop using the familiar terms of “custody” and “visitation.” Instead, a “Parenting Plan” must be decided upon that details the “time-sharing” that will occur between each parent and each child.

The most common arrangement is that one parent is awarded majority time-sharing (physical custody) while the other is awarded time-sharing (visitation) rights. Of course, joint physical custody is also a possibility and may be referred to as “rotating custody,” “substantial shared parenting,” “50/50 custody,” or “50/50 time-sharing.”  You are always encouraged, however, to enter into an arrangement that best suits the needs of the children and takes the unique situation of your family into consideration.

Separate from where the child physically resides, there is the question of having the right and obligation to make decisions regarding the child’s upbringing. Sole Parental Responsibility (sole legal custody) means that one parent is allowed to make all the decisions about the health, education, and welfare of the child while Shared Parental Responsibility (joint legal custody) means that both parents take part in making those decisions.  Florida law also allows for Shared Parental Responsibility with Ultimate Responsibility which, although it requires the parents to jointly discuss decisions regarding the children, awards one parent final say as to the decision.

It is Florida’s public policy to assure each child frequent and continuing contact with both parents after the parents have separated or divorced, and to encourage parents to share the rights and responsibilities of child rearing. When determining these issues, the court aims to reach a decision that is in the best interests of the child. Using the child’s viewpoint rather than what the parents want, there are key factors that are considered including:

  • Continuity with the primary caregiver;
  • Each parent’s mental and physical health;
  • Each parent’s ability to provide for the child; and
  • The child’s preference.

Because every case is unique, it’s important to consult a Florida child custody attorney. At the Law Offices of Brian M. Moskowitz, we will help you decide which custody arrangement will work best for you and then work hard to make it happen.   We can also help you try and modify an existing child custody arrangement through a modification proceeding.  In addition to our extensive knowledge and resources, we will provide you with the personal attention you deserve. We serve all of Florida with a concentration in South Florida including Boynton Beach, Boca Raton, Delray Beach, Lake Worth, Wellington, West Palm Beach, Palm Beach and all of Palm Beach County. We also offer set prices for our legal services, unlike most laws firms which charge by the hour.

If you have questions about your time-sharing (formerly child custody or visitation) case, the child custody lawyers of the Law Offices of Brian M. Moskowitz have answers. Contact us today by phone at 561-369-4481 or by filling out our online form. We do our very best to return your phone call the same day but at a minimum we promise to return your call within 24 hours.

For more specific information, visit our page on the 2009 Florida statute pertaining to child custody / time-sharing.