Naples Interstate Child Custody Lawyer

Naples Interstate Child Custody Attorney

Naples, Florida, a vibrant community nestled along the beaches of the Gulf Shore, is no stranger to child custody cases. Whether you are a seasonal resident, splitting time between New York and Naples, or you are hoping to relocate from Pelican Bay to another state, such as Georgia or South Carolina, interstate child custody disputes can be confusing and daunting. When you have the assistance of a Naples interstate child custody attorney, your parental rights can be protected.

At Shemkus Family Law, P.A., our attorneys share years of experience handling delicate family law matters, such as interstate child custody cases. At their roots, child custody cases can be emotional and challenging, but when you add in the variable of moving across state lines, these legal situations can grow all the more heated.

At Shemkus Family Law, P.A., our attorneys are here to assist parents in advocating for a custody arrangement that serves the best interests of their child.

Understanding Naples Child Custody and Relocation

When a Naples couple seeks a divorce or legal separation, or are simply no longer in a relationship with one another, and they share minor children, the custody arrangements of those children will need to be decided. With a statewide divorce rate of 3.1 per 1,000 residents, these cases are common in Florida courts. In these cases, the parents will need to agree on how to split custody of their children, or the courts will do it for them.

There are two main parts to “child custody” in Florida, each with its own classification. These parts are:

• Parental Decision-Making Rights. This part of child custody refers to the parents’ rights to make important decisions regarding their child’s lifestyle and upbringing. These decisions can include their religious leanings, education, healthcare, and extracurricular activities. There are three forms of parental decision-making rights in Florida:
  • Shared parental responsibility. In this arrangement, both parents share an equal say in the important decisions impacting the life of their child. The parents must, therefore, work together to make most decisions regarding their child’s healthcare, education, and (sometimes) extracurricular activities. This arrangement allows the parents to share the duties of raising their child and being involved in the life of their child.
  • Ultimate decision-making authority. Under this form of parental decision-making rights, one parent is awarded final say on specific types of decisions relating to their child. For example, one parent could be awarded ultimate decision-making authority over choice of school, while the parents continue to exercise shared parental responsibility over all other important child-related decisions.
  • Sole parental responsibility. When this custody arrangement takes place, one parent is granted the exclusive ability to make decisions in regards to the upbringing of the child. This can include all decisions related to the child’s education, healthcare, and extracurricular activities. The parent who is granted sole parental responsibility has the power to make these decisions without consulting the other parent.
  • Time-sharing rights. This part of child custody refers to each parent’s rights to spend time with their child. Although current Florida law presumes that parenting time will be equal between both parents, the best interests of the children still remain the deciding factor.

Importantly, neither part of child custody (e.g., parental decision-making rights or time-sharing) is necessarily dependent on the other. Meaning that just because a court equalizes decision-making rights (through an award of shared parental responsibility), does not mean that the court has to grant an equal time-sharing schedule. The best interest of the child will drive the determination of each, independently.

When parents live in different states, custody issues can become extremely complicated. If a parent moves to a new state, it could impact their parental rights. The parent who has moved out of state will need to seek the court’s approval, and the courts will consider what they believe to be in the best interests of the child and how the move might affect those interests, along with the child’s relationship with their parents.

In these cases, jurisdiction will decide which state can make the custody decision regarding the case, and it will typically be based on where the child has lived for at least six months. There are certain exceptions to this rule, such as in emergency situations or if the child has a strong tie to another state.

FAQs

Q: How Much Does a Child Custody Attorney Cost in Florida?

A: It can be difficult to offer an exact number as to how much a child custody attorney might cost to hire in Florida. This is because there are several variables at play in these cases, which can impact your attorney’s final cost analysis. These variables include the duration and overall complexity of the case, along with the experience of your attorney.

Q: What Steps Should I Take in an Interstate Custody Dispute in Florida?

A: If you find yourself in the midst of an interstate custody dispute in Naples, Florida, there are several steps you should take. First, speak to a child custody attorney who can explain your rights and help you understand your legal options. You will also want to keep track of any existing custody arrangements and conversations you have had with your co-parent. If your co-parent is not following custody orders, be prepared to go back to court.

Q: Who Wins Most Child Custody Cases?

A: In the past, many women won custody battles. However, in our modern world, this is not always the case. In fact, in Florida, fathers are awarded about 50% of the custody of their children, making the state one of the highest areas where fathers are given just as much custody of their children as the mother.

Q: What Not to Do in a Custody Hearing?

A: There are several things you should not do or say during a custody hearing in Naples. First, do not lie about anything regarding the case, and do not speak in a demeaning or cruel way regarding your co-parent. Stick to the facts. Do not show up to the courtroom unprepared, and do not involve your children or a new partner in the case.

Speak with a Trusted and Compassionate Child Custody Attorney Today

Interstate custody issues can be overwhelming and complex, but you don’t have to deal with them alone. Instead, you can turn to the team at Shemkus Family Law, P.A. We can help you better understand your rights and assist you in navigating this difficult process. Whether you are dealing with issues regarding jurisdiction, relocation, or the enforcement of standing custody orders, we are here to offer you the support you deserve. Contact our offices today.