Sarasota, Manatee and Pinellas County Child Custody and Child Support Attorney

The Daniels Law Firm provides comprehensive child custody, child support, and visitation rights representation. Attorneys at The Daniels Law Firm know that child custody often leads to emotional disputes during which both parents can forget what is best for the children. We offer legal advice and representation during the entire process of negotiation and settlement, or through court litigation, if necessary. We recommend, when possible alternative methods of dispute resolution such as mediation, instead of litigation. In matters related to the custody of minor children, living arrangements, financial considerations, alimony, and spousal maintenance, mediation can be a helpful alternative. The Daniels Law Firm will help guide and assist you through this tough period in time.

The concept of child custody has been changed in recent years. The Primary Residential Care Provider (“Primary”) and Secondary Residential Care Provider (“Secondary”) terminology have been replaced with Parenting Plans and Time-Sharing Agreements. The Parenting Plan is a document that governs the way the parties relate to one another about the decisions made regarding children, and includes a time-sharing schedule. The Time-Sharing Schedule specifies the time; including overnights, weekends and holidays that children will spend with each parent. Also included is how often and the method of technologies that the parents will use to communicate with the children. If developed and agreed to by the parents, it must be approved by the Court. If the parents cannot agree, the schedule will be established by the Court.

Child Custody and Support are two of the most challenging and difficult aspects of any divorce case that involve minor children. The parents must work through or litigate who the children will live with most of the time; and it can be a terrifying, frustrating and demanding process. Our office has represented many clients through the difficult process of custody litigation. Our office understands what you are experiencing, what you are feeling, and what you want for you and your children. We understand the way judges make decisions and that gives us the unique ability to structure the facts, evidence and testimony. We utilize our experience so that it gives our clients the best possible opportunity to obtain the outcome they desire.

In the State of Florida, there is a concept referred to as Shared Parental Responsibility. This legal presumption is founded upon the belief that both parents should be actively involved in their children's lives, education, health, welfare and religious upbringing. The Court’s will grant both parents the Shared Parental Responsibility of raising their children unless one parent is shown to be unfit. Unless there is evidence of one parent’s inability to raise their child(ren) both parents must work together, jointly raising their child(ren). The Best Interest of the Child(ren) is the foundational standard that the Courts consider in making parenting plan determinations. The Court has flexibility in making a decision as to what is in the best interest of the minor child(ren). The Courts will look at the totality of all of the factors present in any case, then make a determination based upon it’s belief of what would be in the Child(ren)’s best interests, not necessarily in the parents. The state of Florida determines both child custody and support based on a variety of complex factors, including the finances of both parents, violence in the relationship, and the more subjective notion of the "best interest" of the child. Our attorneys are skilled in the effective negotiation of fair and reasonable custody and support agreements. We can help clearly identify your legal goals, draft fair financial arrangements, and ensure that your child is not used punitively by a former spouse during a dispute. We can also assertively represent your interests in court if the need presents itself.

It is important to understand that Child Support is for the benefit of the child(ren) and cannot be waived by the Parents. Child Support is statutory obligation in the State of Florida. This means that the statute itself determines the amount of child support based on the combined net monthly income of the parents. Parents have an obligation to support their children financially in the State of Florida. If you or your loved one is having difficulty with unpaid child support, our office can help you through the legal procedures to try and enforce your award, collect past due child support and ensure that future child support is collected promptly. Similarly, if you are still paying child support for a child who is an adult, then call our office to discuss what we can do to assists you with this problem.

Child custody and support decrees need to be revisited to account for new family circumstances like remarriage and changing financial or living arrangements. Our attorneys have helped Florida families review, negotiate, or litigate post judgment issues. Divorce issues related to the care and custody of minor children are stressful and difficult to negotiate. The Daniels Law Firm is committed to fair, reasonable, and cost-effective resolutions, in keeping with our clients’ goals, according to the state law and the facts.