Family law is a broad field that covers many different issues. It includes everything from divorce and property distribution to child custody and support. It also consists of dealing with child abuse and neglect.
Typically, a child custody case is filed by the biological or legal parents of the child. However, grandparents and other family members with a substantial relationship with the child can petition for child custody as well.
Custody is a decision made by a court judge that determines how a child will be raised and who will have access to them. The court makes this decision based on what it deems to be in the best interest of the child.
The court will first examine which of the parents has taken primary responsibility for the child’s care on a daily basis, including providing meals and other basic necessities. It will also look at the parents’ emotional ties and relationships with the children, their education levels and their familiarity with the child’s needs, preferences and interests.
It will also consider whether there has been any history of drug or alcohol abuse, domestic violence or other problems that may pose a danger to the child. If any of these factors is proven by a preponderance of the evidence, it can be used as a deciding factor in the custody dispute.
A family lawyer can help you through these issues and find a resolution. He or she will gather and review all the facts of your situation, and provide you with the legal resources you need to navigate this complex area of law.
Legal custody is the right to make important decisions on behalf of a child, such as schooling, medical care, discipline, religion and extracurricular activities. It is often awarded to a parent with whom the child spends the majority of their time and who has an active role in their upbringing.
Joint custody is a general preference in the law, though it can be awarded to either parent. It typically involves a shared schedule for both parents in which each has equal or supervised physical custody of the child and shares parenting time with the other parent.
The court also reviews the parenting plan and other evidence, such as the child’s wishes and recommendations, to ensure that the plan is in the best interest of the child. If the court finds that the plan is not in the child’s best interest, it will make a modification or change to the plan.
In addition to custody and visitation, a Miami family law attorney will also help you establish child support, which is a court-ordered payment from one spouse to the other. These payments are designed to keep the two parents financially stable while they are raising their children.
Another issue that a family law lawyer can help you with is establishing paternity, which is the legal relationship between a man and a woman that can be established through the process of DNA testing. This will allow the father to be granted custody of his or her child and receive child support.