Child Custody and Visitation

How to Determine Child Custody and Visitation

The court expects parents to protect their children from the emotional trauma associated with divorce. A child's life is turned upside down when his or her parents separate. The goal of a court's determination of custody and visitation is to provide a living arrangement that is in the best interests of a child's welfare, consistent with the thirteen factors found in Florida Statues 61.13.

Most parents agree that they want to provide what is best for their children, but frequently parents disagree as to the best way to accomplish this goal. When the parents disagree about custody arrangements, they need an experienced attorney to represent their interests. For over 34 years, the Orlando Law Firm of Kenneth D. Morse has advised parents about child custody, and represented their interests in court.

Child Custody Determinations

Child custody should be based on your child's best interests, and not the parent's emotional or financial concerns. In Florida, the custodial parent receives child support, and the non-custodial parent must make payments. Even though it is in the best interests of the child to live with one parent, the other parent may seek custody, just to avoid or minimize child support payments.

When determining parental custody, whether sole or rotating, the court examines a variety of statutory factors affecting the welfare and interests of the child, including but not limited to:

• The parent who is more likely to allow the child frequent and continuing contact with the non-custodial parent.
• The love, affection, and other emotional ties existing between the parents and the child.
• The capacity and disposition of the parents to provide the child with food, clothing, medical care, and other material needs.
• The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
• The permanence as a family unit, of the existing or proposed custodial home.
• The moral fitness of the parents.
• The home, school, and community record of the child.
• The reasonable preference of the child as to custody, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
• The willingness and ability of each parent to facilitate and encourage a close and continuous parent-child relationship between the child and the other parent.
• Evident that any party has knowingly provided false information to the court regarding a domestic violence proceeding.
• Evidence of domestic violence or child abuse.
• Any other fact not specifically expressed in these laws that the court considers to be relevant.

Child Visitation

If you were not awarded primary custody over your child, you have a right to extensive contact with your children. Visitation is awarded to parents, absent a showing of abuse or neglect. If you seek to obtain or modify visitation, lawyer Kenneth Morse will represent your interests through the process.

For more information about child custody and visitation, contact the law office of Kenneth D. Morse. Attorney Morse represents people throughout Central Florida including Orange County, Sanford, and Clermont, Seminole County, Lake County and Osceola County.

International Child Kidnapping (PDF)