The Florida family courts generally award joint custody unless doing so would potentially harm the child. The O’Mara Law Group is a reputable child custody law firm with comprehensive experience in joint custody cases. We provide legal advice, mediation, and strong advocacy in court.
When you hire the O’Mara Law Group to assist you with your child custody case, you can count on us to provide effective, vigorous representation. We have been helping families navigate the complexities of joint custody for more than 30 years, and our satisfied clients attest that we give personalized, attentive service to every case.
Our founder, Mark O’Mara, is a board-certified family law attorney and a Supreme Court-Certified Family mediator. He has earned the coveted Martindale-Hubbell AV Preeminent rating for excellence in professional service, and the National Trial Lawyers recognize him as one of the top 100 trial lawyers in the state.
The Mark O’Mara Law Firm was a wonderful place and outstanding. Mark was very helpful and always made time for me, answering all my questions. But my hero was Susan Staggs, who prepared all of my paperwork. She is a real magician who takes it seriously.
If your case is complex and tensions run high, the court may appoint a guardian ad litem. A guardian ad litem is a volunteer who functions as the child’s “next friend” and investigates the child’s best interests on the court’s behalf. If warranted, the court may appoint a lawyer for your child. But that lawyer and the guardian ad litem cannot be the same person.
The guardian ad litem’s investigation may include inquiries into your and your child’s background. Such an investigation can involve acquiring medical and school records, among other things. The guardian ad litem may also interview your child and petition the court to order psychological evaluations of the parents or child.
The dispute resolution process may entail mediation or parenting coordination. These may be initiated voluntarily or by order of the court. If an agreement is reached through either method, the court will review the agreement. If approved, it will function as a binding court order.
Mediation is an informal dispute resolution process during which the parents meet with a neutral third party, a mediator. A family mediator’s role is to foster compromise to help forge an agreement.
Family mediators do not actively contribute to the conversation other than to facilitate the discussion. Any agreement stemming from mediation is created solely by the parents. If one is reached, the mediator prepares a consent order and submits it to the parents and their attorneys for review. Once approved, it is submitted to the court for approval.
Parenting coordination is a formal dispute resolution process in which a neutral third party, known as a parenting coordinator, assists the parents in reaching an agreement. Parenting coordinators are mental health professionals who play a more active role in the discussions than mediators. They can make recommendations, provide education, and make limited decisions with approval by the court.
The court will carefully analyze any conviction or evidence of domestic violence, which could prevent the parent from receiving unsupervised parenting time. The law gives the court a rebuttable presumption of detriment to the child if a parent has been convicted of a first-degree misdemeanor for domestic violence or a sexual offense against a child.
In these cases, the parent has a right to present evidence that no detriment to the child exists. If the parent fails to prove it, the court may award full custody to you.
Below are answers to the questions we most frequently receive about joint custody.
You can move to a new address within the same geographical area. If you are relocating more than 50 miles away for longer than 60 days, you must file a petition for a modification and wait to move until you receive approval from the court. The court may allow the move if it is in good faith and after evaluating such factors as the following:
The parent who claims the child as a dependent should be listed in the parenting plan agreement. If the parents cannot agree, the court will make this determination. According to the Internal Revenue Service, a noncustodial parent may claim a child as a dependent and claim the child tax credit.
However, the noncustodial parent cannot claim the child as qualifying for the earned income credit. The IRS defines the custodial parent as the parent with whom the child spends the most time.
If you are a noncustodial parent claiming a dependent child, the other parent must complete IRS Form 8332, which authorizes you to claim the child. The court will order the parent to complete this form as applicable.
If you cannot agree on who will claim the child, the court may order you to claim the child during alternate years or decide in one parent’s favor.
The parent with less parenting time usually pays child support, but this is not guaranteed. The court assigns each parent a support obligation based on income, childcare costs, health care coverage, and other specific circumstances, including the number of overnight visits.
The parent with the higher net obligation pays child support to the other parent. As a result, one parent will likely be ordered to pay child support even if they receive equal parenting time. Whether you are paying or receiving child support, our child support lawyers can ensure you are treated fairly by the court.
Florida law does not officially designate one parent as the custodial parent in joint custody cases. However, the parent with more parenting time is generally considered the custodial parent.
Even if both parents reach an agreement outside of court, the final custody arrangement generally must be approved by the court, except for agreements forged through the collaborative law process.
If you agree, a Collaborative Law attorney, such as Mark O’Mara, can help you reach a confidential agreement outside of court. Once signed, this agreement is legal and binding without the need to attend a hearing.
In Florida, a father has the right to receive equal consideration for parental responsibility and parenting time. Florida law prohibits the court from favoring either parent based on gender.
If you were unmarried during the child’s birth, and your name is not on the birth certificate, you must establish paternity before pursuing custody. Paternity can be established through a written acknowledgment signed by you and the mother or by submitting to genetic testing. After establishing paternity, you can file a custody petition.
