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Ginzberg Law
                                       Providing Legal Services to Floridians.

Child Custody, Visitation & Support 

Custody
The Law Offices of David P. Ginzberg stand ready to help you with all of your child custody related issues.  We understand how important these matters are to you.  At the same time, you may be dealing with issues of divorce, child support and visitation, or perhaps, a paternity dispute.

When you hire the Law Offices of David P. Ginzberg, you get a strong advocate whose only goal is making sure that all of your family concerns are adequately addressed and that all of your legal standings are well protected.  Call us today and take charge of your situation to ensure a brighter future for you and your loved ones.  We're available 24/7.  Call Toll-Free: 1-800-611-0142

Child custody and guardianship are legal terms which are sometimes used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.


Following ratification of the United Nations Convention on the Rights of the Child in most countries, terms such as "residence" and "contact" (known as "visitation" in the United States) have superseded the concepts of "custody" and "access". Instead of a parent having "custody" of or "access" to a child, a child is now said to "reside" or have "contact" with a parent.

Residence and contact issues typically arise in proceedings involving divorce (dissolution of marriage), annulment and other legal proceedings where children may be involved. In most jurisdictions the issue of which parent the child will reside with is determined in accordance with the best interests of the child standard.

Family law proceedings which involve issues of residence and contact often generate the most acrimonious disputes. While many parents cooperate when it comes to sharing their children and resort to mediation to settle a dispute, not all do. For those that engage in litigation, there seem to be few limits. Court filings quickly fill with mutual accusations by one parent against the other, including sexual, physical, and emotional abuse, brain-washing, parental alienation syndrome, sabotage, and manipulation. It is these infrequent difficult custody battles that make the news and sometimes distort the public's perceptions so that they appear more prevalent than they are and the court's response appear inadequate.

Forum shopping to gain advantage occurs both between nations and where laws and practices differ between areas within a nation, The Hague Convention seeks to avoid this, also in the United States of America, the Uniform Child Custody Jurisdiction and Enforcement Act was adopted by all 50 states, family law courts were forced to defer jurisdiction to the home state.

In some places, courts and legal professionals are beginning to use the term parenting schedule instead of custody and visitation. The new terminology eliminates the distinction between custodial and noncustodial parents, and also attempts to build upon the so-called best interests of the children by crafting schedules that meet the developmental needs of the children. For example, younger children need shorter, more frequent time with parents, whereas older children and teenagers can tolerate and may demand less frequent shifts, but longer blocks of time with each parent.

Physical Custody
Physical custody involves the day-to-day care of a child and establishes where a child will live. A parent with physical custody has the right to have his/her child live with him/her.

If a child lives with both parents, each parent shares "joint physical custody" and each parent is said to be a "custodial parent". Thus, in joint physical custody, neither parent is said to be a "non-custodial parent". In joint physical custody, actual lodging and care of the child is shared according to a court-ordered custody schedule (also known as a "parenting plan" or "parenting schedule"). In many cases, the term "visitation" is no longer used in this context, but rather is reserved to sole custody orders. Terms of art such as "primary custodial parent" and "primary residence" have no legal meaning other than for determining tax status, and both parents are still said to be "custodial parents".

In some states "joint physical custody" creates a presumption of "equal shared parenting". However in most states, joint physical custody only creates an obligation to provide each of the parents with "significant periods" of physical custody so as to assure the child of "frequent and continuing contact" with both parents. Courts have not clearly defined what "significant periods" and "frequent and continuous contact" mean, which requires parents to litigate to find out.

If a child lives with one parent, that parent has "sole physical custody" and is said to be the "custodial parent" whereas the other parent is said to be the "non-custodial parent", but may have visitation rights or "visitation" with his/her child.

Joint Physical Custody
Joint physical custody is a court order whereby custody of a child is awarded to both parties. In joint custody both parents are "custodial parents" and neither parent is a non-custodial parents, or in other words the child has two custodial parents.

Many states recognize two forms of joint custody: joint physical custody, and joint legal custody. In joint legal custody, both parents share the ability to have access to educational, health, and other records, and have equal decision-making status where the welfare of the child is concerned.

In joint physical custody, which would include joint physical care, actual lodging and care of the child is shared according to a court-ordered custody schedule (also known as a "parenting plan" or "parenting schedule"). In many cases, the term 'visitation' is no longer used in these circumstances, but rather is reserved to sole custody orders. In some states joint physical custody creates a presumption of equal shared parenting, however in most states, joint physical custody creates an obligation to provide each of the parents with "significant periods" of physical custody so as to assure the child of "frequent and continuing contact" with both parents. For example, states such as Alabama, California, and Texas do not necessarily require joint custody orders to result in substantially equal parenting time, whereas states such as Arizona, Georgia, and Louisiana do require joint custody orders to result in substantially equal parenting time where feasible. Courts have not clearly defined what "significant periods" and "frequent and continuous contact" mean, which requires parents to litigate to find out.

It is important to note that joint physical custody and joint legal custody are different aspects of custody, and determination is often made separately in many states' divorce courts. It is possible to have joint legal custody, but for one parent to have sole physical custody In some states this is referred to as Custodial Parent and Non-Custodial Parent.

Also, where there is joint physical custody, terms of art such as "primary custodial parent" and "primary residence" have no legal meaning other than for determining tax status, and both parents are still custodial parents.

Sole Physical Custody
Sole physical custody means that a child shall reside with and be under the supervision of one parent, subject to the power of the court to order visitation. Physical custody involves the day-to-day care of a child and establishes where a child will live. A parent with physical custody has the right to have his/her child live with him/her. If a child lives with only one parent, that parent has "sole physical custody" and is said to be the "custodial parent". The other parent is said to be the "non-custodial parent", and may have visitation rights or "visitation" with his/her child.

Custodial Parents
A "custodial parent" is a parent who is given physical and/or legal custody of a child by court order.

A "child-custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual. Where the child will live with both parents, joint physical custody is ordered, and both parent are custodial parents. Where the child will only live with one of the parents, sole physical custody is ordered , and the parent with which the child lives is the custodial parent, the other parent is the non-custodial parent.

Non-custodial Parents
A "non-custodial parent" is a parent who does not have physical and/or legal custody of his/her child by court order.

A "child-custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual. Where the child will only live with one of the parents, sole physical custody is ordered , and the parent with which the child lives is the custodial parent, the other parent is the noncustodial parent. Note, however, where the child will live with both parents, joint physical custody is ordered , and both parent are custodial parents.



Experience Counts
Hire an experienced law firmThe Law Offices of David P. Ginzberg routinely handle all aspects of Family Law cases that result in the complete satisfaction of our clients.

  • When something is worrisome in your family, you and your family members will have to live with the consequences.  Take charge of your situation today and ensure a brighter future for you and your loved ones.
     

  • When you hire the Law Offices of David P. Ginzberg, you get a strong advocate whose only goal is making sure that all of your family concerns are adequately addressed and that all of your legal standings are well protected.
     

  • We have been successfully helping Floridians with legal services since 1984.  We are fully experienced with all facets of the legal procedures required to ensure that your case is conducted professionally and thoroughly.  Our attorneys are top-notch trial lawyers capable of the meticulous effort necessary to guide your case from inception to completion.  You can be certain that every member of our staff knows their job inside and out and will do their very best to meet your expectations.  Call us today, 24/7 Toll-Free: 1-800-611-0142 or send an e-mail now.



Initial Consultation
Upon your first visit, we provide you with a comprehensive consultation with one of our attorneys ABSOLUTELY FREE, or if you prefer, you can get answers fast over the phone.

  • This service costs you nothing, yet allows you to obtain straight-forward answers to your questions to help put your mind at ease.
     

  • We will advise you exactly what you should or shouldn't do next.
     

  • If you choose to have us handle your case, we will tell you up-front and in
    writing exactly what services we will provide, along with the amount of our fees and costs.
     

  • Get the help you deserve nowCall us today,  24/7  Toll-Free:   1-800-611-0142 or send an e-mail now.



We'll Look After You
It's reassuring to know that you have someone in your corner to look after you.

  • Our loyalty is with you.  Once you've entrusted our firm with your problems, we perform strictly for you and your interests.

  • We know how important it is for you to know that your worries are well taken care of.

  • You always have someone to turn to.  We put our clients concerns first and do our utmost to treat you with compassion and understanding.

  • Each of the professionals in our law offices get to know you personally. We take the time to answer all your questions and explain exactly what's happening each step of the way.

  • With locations throughout Florida, we're available to help you when and where you need it most.

  • We are always there to fight for your rights, whatever it takes!

  • Get the help you deserve nowCall us today,  24/7  Toll-Free:   1-800-611-0142 or send an e-mail now.



Visitation
The Law Offices of David P. Ginzberg stand ready to help you with all of your child visitation related issues.  We understand how important these matters are to you.  At the same time, you may be dealing with issues of divorce and child support, or perhaps, a paternity dispute.

When you hire the Law Offices of David P. Ginzberg, you get a strong advocate whose only goal is making sure that all of your family concerns are adequately addressed and that all of your legal standings are well protected.  Call us today and take charge of your situation to ensure a brighter future for you and your loved ones.  We're available 24/7.  Call Toll-Free: 1-800-611-0142

Generally speaking, visitation is considered only a privilege granted to the non-custodial parent of any child of the family. The standard visitation awards by the family court in most U.S. states consists of alternating weekends and some holidays (usually amounting to four days a month unless the parent allows an increase in shared parenting time).

However, the child, at or around the age of 13, depending on the state, may choose in which parent's home to live without government interference.

Parents (and in some jurisdictions grandparents) frequently believe that they have a right to visitation or access; however, courts in several countries have used the subjective doctrine of the best interests of the child to deny parental or grandparental access to the child. This is commonly found in cases when custody of the child is disputed and there is a history of interference with visitation. In such high conflict cases, there are often allegation of child abuse and/or domestic violence.

In high conflict cases, visitation may be supervised by a social worker, psychologist, guardian ad litem, or other third party while the noncustodial parent visits with the child.

Many noncustodial parents have visitation orders that allow the child to visit with them without any supervision. These visits often take place away from the custodial residence. Often the noncustodial parent is granted overnight visitation, weekend visitation, or vacation visitation.

Parents may also share custody and may agree to allow visitation. In these situations a court order may not be needed, though sometimes it is obtained to forestall later disputes about what the parents had previously agreed to, and to allow the courts to have some oversight over the children (which they normally have under statute and under the parens patriae power).



Experience Counts

Hire an experienced law firmThe Law Offices of David P. Ginzberg routinely handle all aspects of Family Law cases that result in the complete satisfaction of our clients.

  • When something is worrisome in your family, you and your family members will have to live with the consequences.  Take charge of your situation today and ensure a brighter future for you and your loved ones.
     

  • When you hire the Law Offices of David P. Ginzberg, you get a strong advocate whose only goal is making sure that all of your family concerns are adequately addressed and that all of your legal standings are well protected.
     

  • We have been successfully helping Floridians with legal services since 1984.  We are fully experienced with all facets of the legal procedures required to ensure that your case is conducted professionally and thoroughly.  Our attorneys are top-notch trial lawyers capable of the meticulous effort necessary to guide your case from inception to completion.  You can be certain that every member of our staff knows their job inside and out and will do their very best to meet your expectations.  Call us today, 24/7 Toll-Free: 1-800-611-0142 or send an e-mail now.



Initial Consultation
Upon your first visit, we provide you with a comprehensive consultation with one of our attorneys ABSOLUTELY FREE, or if you prefer, you can get answers fast over the phone.

  • This service costs you nothing, yet allows you to obtain straight-forward answers to your questions to help put your mind at ease.
     

  • We will advise you exactly what you should or shouldn't do next.
     

  • If you choose to have us handle your case, we will tell you up-front and in
    writing exactly what services we will provide, along with the amount of our fees and costs.
     

  • Get the help you deserve nowCall us today,  24/7  Toll-Free:   1-800-611-0142 or send an e-mail now.



We'll Look After You
It's reassuring to know that you have someone in your corner to look after you.

  • Our loyalty is with you.  Once you've entrusted our firm with your problems, we perform strictly for you and your interests.

  • We know how important it is for you to know that your worries are well taken care of.

  • You always have someone to turn to.  We put our clients concerns first and do our utmost to treat you with compassion and understanding.

  • Each of the professionals in our law offices get to know you personally. We take the time to answer all your questions and explain exactly what's happening each step of the way.

  • With locations throughout Florida, we're available to help you when and where you need it most.

  • We are always there to fight for your rights, whatever it takes!

  • Get the help you deserve nowCall us today,  24/7  Toll-Free:   1-800-611-0142 or send an e-mail now.



Support
The Law Offices of David P. Ginzberg stand ready to help you with all of your child support related issues.  We understand how important these matters are to you.  At the same time, you may be dealing with issues of divorce and visitation, or perhaps, a paternity dispute.

When you hire the Law Offices of David P. Ginzberg, you get a strong advocate whose only goal is making sure that all of your family concerns are adequately addressed and that all of your legal standings are well protected.  Call us today and take charge of your situation to ensure a brighter future for you and your loved ones.  We're available 24/7.  Call Toll-Free: 1-800-611-0142

Child support is based on the policy that both parents are obligated to financially support their children, even when the children are not living with both parents. Child support refers to the financial support of children and not other forms of support, such as emotional support, physical care, or spiritual support.

When children live with both parents, courts rarely, if ever direct the parents how to provide financial support for their children. However, when the parents are not together, courts often order one parent to pay the other an amount set as financial support of the child. In such situations, one parent (the "obligee") receives child support, and the other parent (the "obligor") is ordered to pay child support. The amount of child support may be set on a case-by-case basis or by a formula estimating the amount thought that parents should pay to financially support their children.

Child support may be ordered to be paid by one parent to another when one is a non-custodial parent and the other is a custodial parent. Similarly, child support may also be ordered to be paid by one parent to another when both parents are custodial parents (joint or shared custody) and they share the child-raising responsibilities. In some cases, a parent with sole custody of his or her children may even be ordered to pay child support to the non-custodial parent to support the children while they are in the care of that parent.

In most jurisdictions there is no need for the parents to be married, and only paternity and/or maternity (filiation) need to be demonstrated for a child support obligation to be found by a competent court. Child support may also operate through the principle of estoppel where a de facto parent that is in loco parentis for a sufficient time to establish a permanent parental relationship with the child or children.

While the issues of child support and visitation or contact may be decided in the same divorce or paternity settlement, in most jurisdictions the two rights and obligations are completely separate and individually enforceable. Custodial parents may not withhold contact to "punish" a noncustodial parent for failing to pay some or all child support required. Conversely, a noncustodial parent is required to pay child support even if they are partially or fully denied contact with the child.

Additionally, a non-custodial parent is responsible for child support payments even if they do not wish to have a relationship with the child. Courts have maintained that a child's right to financial support from parents supersedes an adult's wish not to assume a parenting role.

While child support and contact are separate issues, in some jurisdictions, the latter may influence the former. In the United Kingdom, for example, the amount of support ordered may be reduced based on the number of nights per week the child regularly spends at the non-custodial parent's home.



Experience Counts

Hire an experienced law firmThe Law Offices of David P. Ginzberg routinely handle all aspects of Family Law cases that result in the complete satisfaction of our clients.

  • When something is worrisome in your family, you and your family members will have to live with the consequences.  Take charge of your situation today and ensure a brighter future for you and your loved ones.
     

  • When you hire the Law Offices of David P. Ginzberg, you get a strong advocate whose only goal is making sure that all of your family concerns are adequately addressed and that all of your legal standings are well protected.
     

  • We have been successfully helping Floridians with legal services since 1984.  We are fully experienced with all facets of the legal procedures required to ensure that your case is conducted professionally and thoroughly.  Our attorneys are top-notch trial lawyers capable of the meticulous effort necessary to guide your case from inception to completion.  You can be certain that every member of our staff knows their job inside and out and will do their very best to meet your expectations.  Call us today, 24/7 Toll-Free: 1-800-611-0142 or send an e-mail now.



Initial Consultation
Upon your first visit, we provide you with a comprehensive consultation with one of our attorneys ABSOLUTELY FREE, or if you prefer, you can get answers fast over the phone.

  • This service costs you nothing, yet allows you to obtain straight-forward answers to your questions to help put your mind at ease.
     

  • We will advise you exactly what you should or shouldn't do next.
     

  • If you choose to have us handle your case, we will tell you up-front and in
    writing exactly what services we will provide, along with the amount of our fees and costs.
     

  • Get the help you deserve nowCall us today,  24/7  Toll-Free:   1-800-611-0142 or send an e-mail now.



We'll Look After You
It's reassuring to know that you have someone in your corner to look after you.

  • Our loyalty is with you.  Once you've entrusted our firm with your problems, we perform strictly for you and your interests.

  • We know how important it is for you to know that your worries are well taken care of.

  • You always have someone to turn to.  We put our clients concerns first and do our utmost to treat you with compassion and understanding.

  • Each of the professionals in our law offices get to know you personally. We take the time to answer all your questions and explain exactly what's happening each step of the way.

  • With locations throughout Florida, we're available to help you when and where you need it most.

  • We are always there to fight for your rights, whatever it takes!

  • Get the help you deserve nowCall us today,  24/7  Toll-Free:   1-800-611-0142 or send an e-mail now.



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