Sarasota Child Custody Attorneys

Sarasota Child Custody Lawyer

When it comes to your child’s future, every parent wants what is in that child’s best interests. If you are facing a custody battle after a divorce or separation, it can be overwhelming to create a parenting plan that works for everybody. Making sure your child is properly cared for is the most important thing when arranging a custody agreement. Sarasota child custody attorneys help families create arrangements that work for their unique circumstances.

Hire a Child Custody Attorney

You may think there is no need to hire a child custody attorney when making child custody arrangements, but there are many benefits to relying on an experienced Sarasota child custody attorney. At Ruhl Law, P.A., our family law team has experience working with parents, grandparents, and other family members to create a suitable custody agreement. With experience as trial attorneys, our team can represent you in court if an agreement can’t be reached.

Sarasota Families

Sarasota is home to 56,970 residents as of 2024, making up 25,751 households. Of these households, nearly half are run by a married couple. Of the remaining households, 4% are male-headed, and 19% are female-headed. With only 43% of Sarasota residents married, there are likely numerous custody arrangements for parents who share children but don’t live in the same household.

If you live in Sarasota, and you are having trouble making a custody agreement that works for your circumstances, you may have to file in court for a judge to decide. In Sarasota, the 12th Judicial Circuit Court, by Family Division Circuit Judges, determines custody arrangements by examining the best interests of the child. Filings are managed by the Sarasota Clerk of Court and Comptroller.

Types of Child Custody

Under Florida’s Parents’ Bill of Rights, each parent is entitled to certain rights as they relate to their child. However, when parenting agreements are arranged, these rights can be limited by the judge if it would be in the child’s best interests. Two main types of custody have to be decided:

• Legal custody: Legal custody gives the parent the right to make legal decisions for their child. These decisions could include where the child goes to school, which extracurricular activities the child can participate in, and if the child attends a religious organization.
• Physical custody: Physical custody is awarded to the parent who houses the child the majority of the time and gives them the ability to make day-to-day decisions for the child.

Both types of custody can be awarded as sole or joint custody by the judge. In sole custody arrangements, only one parent has the right to make decisions for the child. If the parents share joint custody, then both parents have the right to make important decisions for the child, or the parents must make decisions together.

Child Custody Determination

When a judge makes a child custody determination, there are many factors that must be considered. These considerations include:

• The child’s age
• The benefits of remaining in their current community versus moving
• The length and stability of the child’s current environment
• The physical, mental, and emotional well-being of the child
• The relationships between the child and parents
• Moral fitness of the parents
• The physical and mental health of both parents
• If appointed, the recommendation of the child’s guardian ad litem
• Current relationships between the child and any siblings
• Whether moving would allow the child to reunite with siblings
• Whether moving would result in a permanent placement
• Considerations if the child would have to change schools
• Whether the child has access to medical treatment, and if that access would be affected
• Any allegations of abuse or neglect
• The potential impact on the child’s extracurricular activities
• The child’s preference
• The viability of any proposed parenting plan

FAQs About Sarasota Child Custody Law

What Is the Biggest Mistake in a Custody Battle?

The biggest mistake in a custody battle is losing sight of what would be in the child’s best interests. When parents treat custody arrangements as a hostile situation instead of an arrangement that meets their child’s needs, many problems can arise. Any form of parental alienation is taken seriously by the judge and can be an indication that the parent is not capable of fostering a healthy relationship between the child and the other parent.

Do Fathers Automatically Get 50/50 Custody in Florida?

Fathers do not automatically get 50/50 custody, but Florida follows a rebuttable presumption that it is in the child’s best interest to maintain 50/50 custody with both parents. Starting with the 50/50 assumption, if the judge wants to change this dynamic, they can only do so if there is a preponderance of evidence demonstrating it is not in the child’s best interests. This assumption is also only applied to married fathers and those who have established paternity.

What Deems a Parent Unfit in Florida?

When a judge determines a parent is unfit for custody in Florida, this decision is made by examining the evidence and considering the health and safety of the child. Evidence of abuse, neglect, or an unsafe living environment can lead a parent to be considered unfit. A history of domestic violence, mental health issues, or abandonment is also considered a factor. If a parent is unfit for custody, they could receive supervised visitation or restricted timesharing.

Can a Child Choose Which Parent to Live With in Florida?

In Florida, there is no law that allows a child to choose which parent they want to live with during custody arrangements. Children do have the right to state a preference, and judges can consider their preference when making a custody determination. Ultimately, the judge decides custody based on the best interests of the child. When a child does state a preference, factors such as the child’s age, intelligence, and maturity are also evaluated.

Contact Ruhl Law, P.A.

Child custody arrangements should not be made casually. Once an arrangement has been filed with the court, it can be difficult to make changes. Many custody agreements are only changed as family circumstances evolve. Don’t risk years of difficulty by agreeing to an unfair arrangement. Contact Ruhl Law, P.A., today to schedule your initial consultation.