Custody / Parenting Plans

Helping Parents Work Out Child Custody Issues

Curtis R. Cowan, Board-Certified Marital and Family Lawyer

Divorce is always detrimental to children. However, as parents, you have considerable power to minimize the impact. It's not your decision to lead separate lives that is most harmful to your kids — it's the bitter legal wrangling during divorce and inability to get along afterward that takes a toll. For your children's sake, I encourage you to put emotions aside to strive for an out-of-court parenting agreement.

I am a Fort Lauderdale divorce and custody attorney representing men and women of Broward County and Palm Beach County. Florida Board-certified in marital and family, with 22 years of legal experience, I can help you settle your child custody and parenting plan issues. Call the Law Office Of Curtis R. Cowan, P.A. at (954)768-0720.

Parenting Plans and Timesharing

In Florida, the courts will typically give primary residential care (formerly called custody) to one parent. The other parent will be granted reasonable and frequent timesharing (visitation). It is important to realize that the primary residential parent does not have any greater rights or powers regarding the children — both will share in parental responsibility and decision-making.

NOTE: In determining the primary residence, the courts give great weight to which of you is more likely to foster in the child a loving, close relationship with the other parent. Sabotaging the child's bond with the other parent, or bad-mouthing the other parent in court, are the surest ways to lose primary child custody.

The court is concerned with the best interests of the child — not necessarily your interests. You may desire a 50-50 timesharing split, but this is not always healthy for young children or a child who needs more certainty and structure. On the other hand, a child who is older or easygoing may be more adaptable to shifting between two homes. Often the court will appoint a social investigator to evaluate the home situations of each parent and/or a guardian ad litem who can advocate for the child. Judges usually follow their recommendations; so it may be in your best interests to work out an agreement that you control.

The court must approve a parenting plan — if not created by your mutual agreement then one imposed by the judge. The plan stipulates the number of overnights or weekends the child will spend with each parent, as well as schedules for pickup and drop-off, vacations and summers, school activities, and so on. Child support is determined in part by the non-primary parent's level of timesharing. Once again, you have more control over the outcome when you and the other parent can work together.

Can I Get Sole Custody?

Many parents mistakenly believe that they should be awarded sole residential and decision-making responsibility because they are a "better" parent. Under most circumstances, don't waste your breath, or your money, asking for sole custody. Courts will not cut the other parent out of the picture without demonstrated evidence that the mother or father is unfit. The criteria is not "poor parenting," but actual danger to the child (physical or sexual abuse, emotional abuse or neglect, criminal activity, substance abuse).

The Role of Mediation

Florida courts require all contested child custody cases be mediated. Although non-binding, most mediations result in a settlement (parenting plan). I can prepare clients for mediating with a neutral third party, or I am myself a state-certified mediator who can serve that role. If these talks are not productive, I can help you stand your ground in litigation.

Let Me Help You Resolve the Disputes

When parents cannot communicate and confer with each other, the aftermath of divorce can be devastating to children. Rather than viewing child custody as a "win/lose" proposition, I help clients see the issue from the angle of what will foster cooperation and what will make divorce easiest for your kids.

Contact my Ft. Lauderdale office to arrange a consultation. You can reach me at (954)768-0720.