Contested Divorce with Children

Serving people across South Florida in a wide range of family law matters, the Miami contested divorce attorneys at the Law Offices of Sandy T. Fox are familiar with issues related to child custody, visitation, and support. With nearly a decade of experience focusing on these cases, Mr. Fox helps clients resolve legal disputes on favorable terms. He is a Florida Bar Board Certified specialist in Marital & Family Law. At the Law Offices of Sandy T. Fox, we take pride in guiding clients through the legal process in a way that reduces the stress of what can be a challenging and uncertain situation.

Contested divorces are those in which the spouses are not able to resolve some or all of the issues related to the split. These may include how the family home, a business, or other property is divided between the spouses. Contested issues also often relate to decisions about how – and where – the couple’s kids will be raised. Florida law requires both parents to make sure that their children’s basic needs, like food and shelter, are met and to provide other support. It also often leaves it up to courts to decide which parent should have primary physical custody of the children.

Florida child custody cases typically come down to one question: what is in the child’s best interest? Physical custody covers where the child lives. The court system strongly prefers shared custody arrangements, in which one parent has primary physical custody over the child, and the other gets ample visitation time. Legal custody, on the other hand, determines who has the right to make decisions about the child’s life. These include decisions about education, religion, and medical care, among other issues. Legal custody may also be shared between parents.

Either parent can also request child support from the other parent. The terms of these support orders vary widely based on the circumstances. Courts often focus on the physical custody arrangement and each parent’s ability to pay, based on income, education, and other factors. They also consider costs like child care, education, and medical expenses. In some cases, a court may impute income to a parent whom it feels is underemployed – based on education, training, and experience – or who has voluntarily chosen not to seek work.

A divorce or child custody or support case starts with the filing of a lawsuit in state court. In contested cases, spouses can also try to resolve some of their differences with the help of a third-party mediator. In traditional litigation, spouses are required to exchange certain financial information. This is designed to give the spouses and the court a clear understanding of the financial situation and to better determine issues like child support. The court will also hold hearings and possibly a trial, in which each spouse can present evidence and make arguments about how the issues should be resolved. A person considering or facing a divorce or a related lawsuit should consult an experienced attorney who can handle the legal process and build a strong case on their behalf.

If you are considering seeking a divorce in Florida or are grappling with child custody, support, or related issues, the Miami contested divorce lawyers at the Law Offices of Sandy T. Fox, P.A. can help. We understand that these can be complicated and emotionally difficult matters, and we can work diligently to ensure that your rights are protected at every step of the way. We serve people in Hollywood, Aventura, and many other cities throughout Miami-Dade and Broward Counties. Contact us online or call 800.596.0579 to schedule a confidential consultation with a child custody attorney.