Child custody cases can get very complicated. This is why it is essential to turn to a law professional who can lead you every step of the way. It is the best chance you have to get the results you are aiming for. The Child Custody Lawyer at Arturo R. Alfonso, P.A. is here to make sure that you are aware of the top five child custody questions. When it comes to the best lawyers near me, our Miami firm has you covered.


Why All The Questions?

Child custody cases are sometimes complicated, and always require a good working knowledge of family law. When facing a child custody issue, you will probably have several questions that you need answers to. We are here to provide the most common questions on the issue.


Popular Questions For A Child Custody Lawyer

  • What factors do courts consider when determining child custody?
    • Courts largely base their decision on what is in the child’s best interest, using the Child’s Best Interest Standard. Some examples of this include:
      • The health of each parent, both physical and mental;
      • The special needs of the child, if any;
      • The child’s own wishes if they are old enough to say so;
      • Whether there is evidence of illicit drug use, or drug/alcohol abuse; and
      • Adjustment to the community, such as where they go to school, proximity to other caretakers, etc.
  • What are some differences between sol and shared custody?
    • Sole custody involves both legal and physical custody and is court ordered. Physical custody means that the child lives with you, and legal custody means you are in charge of making all of the important decisions regarding your child, without the consent or input of the other parent.
    • Shared custody, or joint custody, is when the court orders that both parties be awarded custody. Both parents are the custodial parent, and neither parent is non-custodial. The child spends a substantial amount of time living with each parent, and both of the parents have equal responsibility as to the physical care of the child.
  • Which parent is more likely to be awarded sole custody?
    • The courts typically determine who should be granted sole custody based on the child’s primary caretaker. This is the person that does the bulk of tasks such as bathing and grooming, planning and cooking meals, and teaching basic skills (reading, helping with homework, etc). Historically, the courts would apply the “tender years” doctrine, which favored mother’s rights over father’s rights in custody decisions. They
  • Who decides visitation schedules?
    • Several people play a role in determining the child visitation schedule, but the court nearly always has the final say over both custody and visitation. The court prefers that the parents negotiate visitation schedules on their own, many states requiring mediation before the court will issue a custody order. They may also require you to attend parenting classes.
  • Which parent is granted custody if the couple is not married and there is no court order?
    • The custody rights of unmarried parents vary from state to state. Some states award sole custody to the unmarried mother, as there is no legal presumption of paternity unless the father establishes paternity and demands custody. Others have a registry (Putative Father Registry) that alerts fathers of any legal proceedings involving their children, such as adoption.


Do You Have More Questions for Divorce Lawyers Near Me?

Child custody cases can get very complicated, therefore there are bound to be several questions that are left unaware. However, Arturo R. Alfonso, P.A. is still here to help. Call our child custody lawyer today, and we will make sure we get your questions answered. When it comes to the best divorce lawyers near me, and in Miami, we have you covered.