Father cooking with sonThis is the next post in my series on the process of obtaining primary custody of a child in Melbourne, Florida. My last article discussed why it is important to immediately seek a child custody order if one wishes to have a majority time share. It is important that you have an order in place so that you have an enforceable arrangement. If you need to take immediate action in your case then you should contact a family law lawyer as soon as possible. Contact my office today to speak with an attorney.

Fathers sometimes believe that they will not be able to obtain joint, let alone primary, custody of a child. Likewise, it is somewhat common for mothers to assume that they will simply receive primary custody. Both of these presumptions are inaccurate. Florida law is like that of many other states in the country in that it provides no preference on the basis of gender. As I explained in a previous article, Judges in our state begin each case with the presumption that the parents should share joint custody of the child. The Court will only award one parent primary custody if the judge believes that such an arrangement would be in the best interests of the child. It is the burden of the parent requesting primary custody to show that such an arrangement would, in fact, be in the child’s best interests.

Many parents often wonder about the topic of “fathers’ rights.” It is important to understand that, while this is a popular phrase, it is not an actual legal term or distinction. There is no such thing in Florida as “fathers’ rights” or “mothers’ rights.” There are simply parental rights. Too often, parents avoid going to court out of a mistaken belief that Courts will award custody on the basis of a gender preference. Such is not the case. Whether you are a father or a mother, it is important you understand the legal standards described above.

If you require assistance then contact my office today to speak with a Melbourne child custody lawyer. I have handled many matters involving unmarried parents I am ready to assist you. We also service clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.