Spouses in Palm Beach County, Florida, and surrounding areas may be eager to get out of a bad marriage, but one question can leave you lingering in a miserable marriage for months, or even years: what about my kids? No one wants to subject their children to the pain of a divorce, but even worse is the risk of losing your relationship with your children altogether. You’re right to worry, since worry can spur you to make good decisions and hire a skilled lawyer. But the truth is that, unless you face some unusual circumstances, it’s highly unlikely you’ll lose your kids.

The Best Interests of the Child

Florida uses the best interest of the child standard, which means that there is no presumption in favor of either parent. Instead, it’s up to the judge to evaluate what is in the child’s best interest. The judge can evaluate a number of factors, including:

• The ability of each parent to provide for the child
• The emotional stability of each parent
• The quality of environment offered by each parent
• The relationship between the child and parent

In most cases, your previous relationship with your child will be what counts most. If you’re a loving, involved parent, you have very little to worry about. If you have a history of addiction, have behaved abusively, or have engaged in domestic violence, though, you very well could lose your children, particularly if the history is recent or you have not sought treatment.

Joint Custody

Many judges start from a presumption that joint custody is in the best interests of the child and reason backward from there. If both parents seem like equally good caregivers, then, it’s likely you’ll get some form of joint physical and legal custody. For instance, if mom has more time to spend with the kids but both parents are good caregivers, mom might get slightly more time, resulting in a 60/40 split.

What About Bias?

Many parents are concerned about bias. Mothers may worry that outdated gender norms will cause them to be punished if they didn’t stay home with their kids or don’t act like “typical” moms. Dads worry that custody decisions are biased in favor of mothers and that, no matter what they do, they won’t get custody.

The truth is that bias is and can be a problem, but bias won’t decide your custody case. Judges have to act according to the law, rather than their personal opinions. But bias can affect how the judge reacts to you. For instance, if a judge thinks that working women aren’t good mothers, he may see your behavior through that lens. Working late is no longer a sign of your commitment to your children, but instead indication that you don’t care. Thus you’ll need to be prepared to address this bias with ample evidence and legal arguments in your favor. The judge can’t, though, deny you custody, and if he does, you can appeal the decision. So while bias can and does happen, the truth is that a good lawyer can prevent it from spinning out of control.

If you want to learn more please contact The Law Offices of Nugent Zborowski @ 561-844-1200

 

The Law Offices of Nugent Zborowski
631 US-1, Suite 402
North Palm Beach, FL 33408
561-844-1200
www.nugentlawfirm.com

 

© Copyright 2019. All Rights Reserved.

 

Divorce lawyers have seen it all, but one common theme in their work with clients is that parents tend to use their children to hurt one another. Florida, like most states, uses the best interests of the child standard to determine child custody, which means that both parents will almost always get some time with the child. Shared custody is increasingly popular, though, and offers numerous benefits to parents and their children. Unless there is a history of abuse or one parent is extraordinarily negligent, we advise parents to consider shared custody for the following reasons.

Kids Are Happier

Research suggests that children whose parents enter into shared custody arrangements are happier with their lives a few years after the divorce. This might be because, when shared custody enters the scene, it’s much less likely that children will lose their relationship with one parent.

Parents Are Happier

It’s not just kids who benefit from shared custody! Research has also found that both mothers and fathers report being happier with their custody arrangement if they try shared custody. Happiness can take time, of course. Most parents are a bit resentful of shared custody at first, but five years later, studies show they’re much more satisfied.

You’ll Have More Time

Being a parent means perpetually giving up time to be with your child. This can be tough when you’re going through a divorce. You’ll need time to grieve, time to date, perhaps even time to reinvent yourself – or discover yourself for the first time. Shared custody frees you up to enjoy your own life without worrying about your kids or paying a baby-sitter. If you’ve spent much of your marriage wishing your spouse would help more with childcare, shared custody can make that dream into a reality.

The Adjustment Will Be Easier

For most kids, divorce means spending significant periods of time away from one parent, and it always means being away from at least one parent. Shared custody cushions this blow by ensuring your child gets ample time with each parent. This can make it easier to settle into the divorce routine, helping your child feel happier and more emotionally balanced.

Your Child Won’t Resent You

Sure, you could litigate your child custody case to death. You might even win, if you’re willing to give up everything to get revenge on your ex. But at what cost? Children whose parents deliberately interfere with their relationships with their other parent may grow up to resent the interfering parent. Taking custody from your ex might give you some extra time with your child right now. In 10 years, though, your child might want nothing to do with the parent who intentionally removed the other parent from his or her life. Think long and hard about your how child will feel about your behavior before you try to kick the other parent out of your kid’s life.

Sure, it’s not easy to divide your time with your child, but nothing about parenting is. Your job is to do what’s right for your kid, and more often than not, shared custody is the right choice.

If you want to learn more please contact The Law Offices of Nugent Zborowski @ 561-844-1200

 

 

The Law Offices of Nugent Zborowski
631 US-1, Suite 402
North Palm Beach, FL 33408
561-844-1200
www.nugentlawfirm.com

 

© Copyright 2019. All Rights Reserved.