Fort Myers Legal Issues Blog

Child custody and visitation agreements are often the most prized and contentious items in family law. Most people love their children and will do anything to protect them. Issues can arise, though, when individuals differ over what they think is best for their child. When those differences can't be resolved through informal discussions, then the matter must be taken to court so that a judge can decide what type of arrangement supports the child's best interests.

Quite often here in Florida, these child custody cases revolve around substance abuse issues. Parental substance abuse can have a profound effect on a child. Children in homes where substance abuse occurs can be at an increased risk of being subjected to abuse or neglect, and these kids may also wind up experiencing housing instability and other familial financial issues like unemployment. These children can also face stunted emotional development, depression and anxiety, and even the onset of their own substance abuse issues.

The end of a marriage is a difficult process, even for Florida readers who are amicable and committed to working through issues in a rational, thoughtful manner. No matter how easy a divorce may be, it will still impact the youngest members of the family. In fact, children often bear the scars of their parents' divorce years, even decades, after it was final. 

As a parent, it is logical to have concerns about how the decision to divorce will shape who your children become and how they function as adults. While the end of your marriage will affect your kids, there are things you can do that will minimize the negative impact and allow them to have a strong and stable future. One of the most important things you can do will be to keep your focus on the future for your children and what is best for them long-term.

Floridians going through a divorce can quickly find themselves overwhelmed. This is understandable. After all, there are a number of legal issues that must be addressed, and the outcome of each can have significant ramifications for an individual's future. If not handled correctly, property division can leave a person facing financial difficulty, alimony and child support matters can create an uncertain financial future, and child custody and visitation issues can have a tremendous effect on one's relationship with their children.

As stressful as these matters can be, many of them can be headed off before divorce is even contemplated. The best way to do this is to enter into a prenuptial agreement. These agreements, entered into prior to marriage, essentially serve as a contract, spelling out how certain legal issues will be addressed in the event of divorce. There are many advantages to a prenuptial agreement, including protecting one spouse from the other's debt, laying out an alimony arrangement if one party will be giving up a career, delineate the financial decision-making process throughout the marriage, and even protect inheritance rights of children from another marriage.

Divorce is rarely an easy process to finalize, especially when there is a lot of animosity between the parties involved. However, the conflict often associated with divorce can be seen even in non-marital relationships, especially when children are involved. Many of these individuals will find themselves facing contentious child custody and visitation issues, the outcome of which may reshape their contact and relationship with their children. In other words, there is a lot at stake when dealing with these matters.

Couples that are unable to resolve child custody and visitation disputes on their own must litigate the matter in front of a family law judge. The judge will make a determination based on what they believe is in the child's best interests. To make this determination, a judge will consider a number of factors. The wishes of the child, if they are old enough, may play a critical role. Other considerations include any school and community adjustments that may affect the child, the relationship the child has with each parent, and the presence of any domestic violence or substance abuse issues on the part of the parents.