Boca Raton Custody Attorney, Jordan Gerber, Esq., Discusses Divorce in Florida with Children at the Delray Beach Courthouse
Effects of divorce on children are hard to measure. There are a lot of places where children don’t belong. Is the Delray Beach courthouse one of them? When Florida child custody is an issue, this question almost always becomes an topic of discussion among child custody lawyers.
The Cost of Divorce in Florida sometimes Causes Parties to Overlook the Effects of Divorce on Children
In a divorce in Florida with children, one party often insists that their child wants to live with them. They want to define custody in a way that works for them. To make the point clear, the parent insists on stating that the child express their preference to the judge at the Delray Beach courthouse. Maybe the thought has even crossed your mind. Your ex is playing dirty. You are just trying to be the responsible one and fight to protect your kids, right? Wrong. Take a step back and look at the reasons why you believe your child should testify. Maybe it’s because Junior has a wealth of inappropriate knowledge about your messy divorce or your narcissist ex. Isn’t that, in and of itself, bad enough?
The Way We Define Custody has Changed
Listen, divorce in Florida with children is tough. We have all seen people crumble under the emotional cost of divorce in Florida. Not to mention the pressure of dealing with attorneys fees costs. If it’s tough on you, chances are it’s tough on your kid too. No matter how much you hate your ex, you have to love your child more. Child custody issues can make things more difficult on divorced families but the effects of divorce on children should be minimal. There’s no reason for a negative impact on children further than the simple existence of their parents divorce. Consequently, the way parents define custody matters and isn’t found in a dictionary. And you best believe that definitions matter when it comes to how a child processes divorce. Since there are no custody police in English speaking countries, custodial care is up to you.
Divorce in Florida with Children at the Delray Beach Courthouse: How the Cost of Divorce in Florida Defines Custody
Generally, there is no involvement of minor children in the legal aspects of family cases. Statute and the Florida Family Law Rules of Procedure aim to ensure that the cost of divorce in Florida isn’t passed on to the parties kids. As a result, this has changed how we define custody to procedures designed to protect them. A judge at the Delray Beach Courthouse first needs to determine if a child’s testimony is necessary and relevant to issues before them before allowing a child to testify. If the judge does find it appropriate for a child to testify, the child’s age may require a qualification of the child as a witness. Furthermore, in this instance, a witness can only be disqualified from testifying over attorney legal objections in a few situations:
- If they are incapable of expressing themselves in a manner as to be understood.
- If they are incapable of understanding the duty of a witness to tell the truth.
A Delray Beach Courthouse Judge has Discretion – Don’t Let this Heighten the Emotional Cost of Divorce in Florida with Children
The preference of a child is just one factor of many dealing with parental responsibility in a Florida Statute 61.13 case. By educating yourself on this fact, you can help reduce the effects of divorce on children. People are often mistaken about the importance of this and are surprised when some judges at the Delray Beach courthouse refuse to consider it at all. However, a child’s preference can’t control how to define custody in a parenting plan. Therefore, it also doesn’t qualify as a substantial circumstance change that allows a custody modification. If lawyers custody concerns are great, the appointment of a child lawyer may be appropriate.
There are countless studies fueled by evidence of the trauma associated with a child being exposed to the divorce process in Florida. Because of this, there are several procedural and legal rules in place regarding child testimony exercised by judges at the Delray Beach courthouse. This is to ensure safeguards are in place to keep kids from being the pawns of a divorced parent.
Know How to Correctly Define Custody
Children of divorce parents don’t need to be, and should not be, part of the fight. This is why it’s especially important to retain a South Florida custody attorney that recognizes the emotional cost of divorce in Florida with children rather than only seeing dollar signs. Your well being should always be more important than fees to your family attorney. This is regardless of how spouses choose to define custody. If expectations and emotions aren’t managed, families can be; and often are, destroyed.
The Best Custody Attorney will Force You to Consider the Long-Term Effects of Divorce on Children
The way people decide to define custody is important and comes down to more than just words. Of course, there are certain situations when a child’s testimony is necessary. For example, when there are allegations of abuse and/or neglect. If this is an issue, immediately consult with a family law attorney or domestic violence service center. Public resources are available at the south county courthouse in Delray beach fl.
Boca Raton Custody Attorney, Jordan Gerber, Esq. Details Florida Statute 61.13 which Lessen the Effects of Divorce on Children
For purposes of establishing parents custody and creating a Florida parenting plan, the best interest of the child is the primary consideration. Consequently, part of this is to ensure that the effects of divorce on children are kept to a minimum. Family court judges at the Delray Beach courthouse determine the best interest of the child through several factors:
- Demonstrated capacity and disposition of each parent to encourage a continuing parent-child relationship.
- The anticipated division of parental responsibilities after the litigation.
- Demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to their own.
- The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
- Geographic viability of the parenting plan.
- The moral fitness of the parents.
- Mental and physical health of the parents.
- The home, school, and community record of the child.
- The reasonable preference of the child. This is only if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
Additional Factors that Define Custody and Reduce the Effects of Divorce on Children
- Demonstrated knowledge, capacity, and disposition of each parent to know the circumstances of the minor child.
- Each parent’s ability to provide a consistent routine for the child.
- Demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child.
- Evidence of domestic violence, abuse, abandonment, or neglect.
- Evidence that either parent has knowingly provided false information to the court due to domestic violence, sexual violence, child abuse, child abandonment, or child neglect.
- The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation.
- Demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.
- The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.
- Capacity and disposition of each parent to protect the child from the ongoing litigation due to refraining from disparaging comments about the other parent to the child.
- The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs.
- Any other factor that is relevant to the determination of a specific parenting plan, including the time sharing schedule.
How to Make Divorce in Florida with Children Easier
Researchers have consistently found that high levels of parental conflict during and after a divorce are associated with poor adjustment in children. Divorce can lead to a parent’s anxiety or depression and make it hard to balance work and child rearing. As a result, the cost of divorce in Florida, both emotional and financial, can cause the quality of parenting to suffer.Legal custody is complicated and you may need a lawyer child appointed. Lawyers child custody know this all to well. These problems can impair a parent’s ability to offer children stability and love when they are most in need.
How You Define Custody is Your Choice
Even though children of divorce generally do well, a number of factors can reduce the problems they might experience. Children will be much better off if parents limit conflict associated with the divorce process or minimize the child’s exposure to it. Parents can also support their children during this difficult time by talking to them clearly about the divorce and answering their questions fully. The good news is that although divorce is hard and may be painful for children, long term effects of divorce on children aren’t inevitable. Most children bounce back and get through it as long as their parents remain stable.
In conclusion, a parenting court order shouldn’t be necessary to make you seek divorce support for your family. Make sure your priorities are in order.
Click Boca Raton Custody Attorney today to schedule your consultation. Proudly Serving Boca Raton, Delray Beach, West Palm Beach and all of Palm Beach County, Florida. Assisting in all matters of Florida Family Law.
South Florida Child Custody Lawyes Practice Areas Include:
Simplified Dissolution of Marriage
Child Custody Laws
Florida Parenting Plan
Time Sharing In Florida
50 50 Custody
Relocation Under Florida Statute 61.13001
Florida Statutes Chapter 39
Modification of Child Custody In Florida
Florida Child Support Enforcement