Who Gets Custody Of Children?

During divorce, you care about your child(ren) more than anything. They're your world. Will you get custody?

It is the one question every parent needs to have answered, and we can help at the Leskovich Law Group in Punta Gorda. We put our clients first. We answer questions promptly, we look into your legal rights and we take a comprehensive approach to discover the best options for you during your divorce case. We're on your side. With 50 years of combined experience, we can guide you through your divorce with a focus on preserving your relationship with your children.

Shared Custody

The first thing you should know is that courts in Florida favor shared parental responsibility (previously called "shared or joint custody"). This keeps both parents involved. To issue sole parental responsibility to one parent, the court needs to see compelling reasons why doing so would be in the child(ren)'s best interests.

While using shared parental responsibility, parents create a parenting plan. This plan:

  • Considers daily tasks and responsibilities
  • Lays out a time-sharing schedule
  • Considers important issues like health care, education, transportation, extra-curricular activities and child communication.

Essentially, the parenting plan just allows the parents to agree on how they plan to raise the child(ren).

The Children's Best Interests

To determine who gets custody, the court decides what would be in the children's best interests. It considers issues like:

  • The geographic complications depending on where the parents live
  • Each parent's desire and ability to have a close relationship with the children
  • If the parents agree to abide by the time-sharing schedule
  • Parental responsibilities and how the parents plan to split them up
  • Ways to keep stability and consistency in the children's lives
  • The parents' mental health and physical health
  • The children's own preferences, if they are old enough and able to express them
  • The safety of the home for the children
  • Any history of substance abuse or a criminal record

These are just a few examples of issues the court will consider. The judge looks at the situation from all possible angles in an effort to give the child(ren) the best possible lives after the parents end their own relationship. Generally speaking, that means keeping things even and keeping both parents involved, but every case is unique.

Fighting For Your Parental Rights

If you worry about losing your child(ren) in divorce, let us use our experience to fight for your parental rights. Set up a free consultation with our divorce attorneys by contacting us online or calling 941-621-6623.