With regards to the substantial filing of a divorce case in Florida, legal custody to the affected children is the resulting issue.
When the couple decided to divorce, the custody of the children will now be put to interpretation that only the court may determine for the welfare or best interest of the children.
There are two (2) kinds of legal custody and they are the following:
1. Joint legal Custody
- it simply refers to the fact that both parents still have legal custody over their children. As a result, both of them have the authority to decide as to how their children be cared and other matters like where the children may reside including the financial aspects.
2. Sole legal Custody
- it refers to the act of a parent to decide alone for the best interest of his/her children. This authority is only be granted by the court that determines the case for the legal custody
There are several factors to consider when given the legal custodial right over the children and these are the following:
· The parent has the right to physical custody that only means that the parent has a reasonable visitation with a child and regular contact;
· The parent has the right to legal custody over the children that pertains to the parent's ability to make major decisions regarding the child's education, religion, and other major upbringing factors;
· The right to pass property to a child by operation of law or gratuity;
· The parent has the right to claim the child’s properties including the fruits as an inheritance in the event of a child's death.
On the other hand, the parent without the vested rights over the legal custody of the children may also have the rights but in a limited manner such as the right for visitation.
The legal custody case is also a strenuous process and the services of a knowledgeable and proficient family lawyer will have the advantage in terms of the higher success rate.
If you are in Fort Myers, Florida and you need to use the services of the professional and efficient family lawyer, you may use the services of Marquez-Kelly Family Law Attorney.
Family Law issues are definitely difficult, complicated and painful to resolve. However, this should not always be the case because with the caring and compassionate engagement of a proficient family lawyer like Marquez-Kelly Family Law Attorney, you will be able to experience an equitable resolution to your legal custody case, which is favorable to your interest and your children's welfare. We are well-trained, knowledgeable and aggressive legal counsels of Sra. Marquez-Kelly and we are here to do what we are trained to do and that is to protect our clients’ rights.
For your questions and other concerns, please contact us through telephone number 239-214-0403.
Our service areas are always open to serve you at Fort Myers and Cape Coral, Florida.