Category: Child Custody

Emergency Child Custody Hearings in Florida

August 13, 2019

How to get Emergency Custody of a Child in Florida

Navigating the Florida legal system can be scary, especially when you’re dealing with a family emergency. The most common form of emergency family court hearing in Florida is over the custody of a child. We’ve laid out a simple guide that will help you navigate the complicated legal process required for acquiring custody of a child in Florida.

According to Florida law, no child custody agreement is ever set in stone. Whether you have majority time-sharing (sole custody) or equal time-sharing (joint custody), custody agreements can always be changed in court. Sometimes, things aren’t as easy as a simple agreement to change the amount of time each parent has with the child. When the safety of the child becomes an issue, an emergency motion to modify child custody is likely the smartest option.

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How Grandparents Can Get Custody of Grandchild in Florida

July 12, 2018

How Grandparents Can Get Custody of Grandchild in Florida

How Grandparents Can Get Custody of Grandchild in Florida

Grandparents rights in Florida are limited but there can be situations where the Florida Family Courts system can provide visiting rights and sometimes temporary custody for grandparents and their grandchildren. This process will mostly be handled through mediation and, if necessary, a court hearing.

How to Get Temporary Custody of a Grandchild

Florida awards grandparents custodial rights in the form of temporary custody when it has been determined that the parents are unable to adequately provide for their children. This is a short-term solution until the parents are able to resume their role as primary caretaker. Grandparents will be provided legal documents to prove they are able to make decisions regarding the child’s health and wellness during this time.

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10 Factors That May Determine Your Child Custody Rights

April 5, 2018

10 Factors That May Determine Your Child Custody Rights

How to get Child Custody in Florida

The state of Florida no longer assigns primary or secondary custody; instead, time is usually split 50/50. If the parents cannot agree or the courts find that equal time sharing is not in the child’s best interest, one parent may be granted custody for the majority of the time.

How is Custody Determined?

During a divorce, parents will need to come to an agreement regarding time sharing and decision making. This is called a parenting plan and must still be submitted in writing for official approval from the court.

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The Effect of Substance Abuse on Custody

May 31, 2017

Effects of Substance Abuse on Child Custody

Creating a parenting plan and time-sharing schedule that both parents agree on can be challenging. If parents cannot come to an agreement, the matter can be taken to court to be resolved. While in court, accusations of substance abuse may be brought up. Often, these allegations are made in an attempt to sway a judge’s ruling in the accuser’s favor. Whether it’s ultimately founded or fabricated, the state of Florida court system will take the accusation seriously to make sure that no children are being put into a potentially unsafe situation.

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6 Most Common Questions About Child Custody

May 8, 2017

Six Common Questions about Child CustodyOne of the most stressful aspects of a separation or divorce is how it affects children. The state of Florida always encourages parents to put aside any differences and do what is best for the child. As parents, there can be a lot of questions and concerns that arise regarding your children. At LaFrance Law, we have been helping families develop and execute effective child custody agreements for over 20 years. To help you navigate the regulations set by the state of Florida here are some of the most common questions we hear.

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What Happens After the Loss of Parent?

April 25, 2017

What Happens After the Loss of a Parent

No matter the circumstances, having a parent pass away is an emotionally challenging time for the whole family. There are additional challenges for children of divorced or separated parents: what will happen now, where will they live, what else is going to change?

Government-Provided Benefits for Children

The United States Social Security Administration provides survivors benefits to unmarried children under the age of 18 and disabled children who were diagnosed before the age of 22. These benefits are calculated based on what the deceased parent would have received in social security upon retirement.

The State of Florida takes special interest regarding children of divorced and single parents to ensure that their day-to-day life remains as stable as possible during a separation. When a parent has passed away the state has also created guidelines regarding child support and custody to prevent additional stress for children and their family.

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