Florida Child Custody Laws
Under Florida child custody laws, the court is responsible for determining the issues that pertain to child custody and shared parenting. These state laws deal with the legal and physical care of children whose parents are divorcing or those whose parents were never married. Florida child custody laws are designed to favor the best interests of a child, in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act. Florida child custody laws follow the public policy of the state, which favors a child’s frequent contact with both parents. In addition, these laws encourage shared parenting rights and responsibilities.
Shared Parenting, or Joint Custody, in Florida
In many divorce and paternity cases, parents share the responsibility for the care, custody, and control of a child. Under Florida child custody laws, both parents must make all decisions regarding their child together. The law calls this “shared parenting” or “shared parental responsibility.” People some times refer to this situation as “joint custody” but it is important to know the correct legal terminology. In this situation, you and your ex-spouse or ex-partner are expected to work out matters relating to your child (such as education, health, religion, activities, and other issues regarding the welfare of your child) together.
Sole Custody in Florida
In some circumstances, the court may decide that sole parental responsibility should be awarded to one parent. This sole custody, awarded to one parent, must be in the best interest of the child. It is usually reserved for situations involving abuse or neglect. Under Florida child custody laws, sole custody means that one parent has the sole responsibility and right to make all major decisions regarding a child without having to confer with the other parent. The court will still need to decide if it is in the child’s best interest to award the other parent supervised or non-supervised visitation rights with the child.
Factors That Determine Child Custody
During child custody proceedings, the court will consider a number of factors, to determine the best interest and welfare of the child. These factors may include the love, affection, and other emotional ties existing between the parents and the child; the mental health, physical health, and morality of the parents; and-- most important of all--which parent is more likely to allow contact between the child and the secondary residential parent.
Rotating Child Custody
Florida law also allows in limited situations for rotating custody whereby the child spends equal time with both parents. This framework is much trickier than it seems and it is not favored by the courts. Many people going through a custody situation think that rotating custody is the answer when it really is not the answer for their family. It takes the help of qualified family law attorneys to help sort out this tricky area of the law.
Custody and Spouses Residing in Different States
If you and your spouse reside in two different states, the custody case becomes more complicated. The State of Florida has implemented a version of the Uniform Child Custody Jurisdiction and Enforcement Act into its Florida child custody laws. The law deters child custody controversy, discourages child kidnappings, and promotes cooperation and guidelines for custody disputes between states. The main purpose of this Act is to hold child custody proceedings in the home state of the child. It is important to know that removing a child either temporarily or permanently out of the State of Florida during custody proceedings may be a violation of Florida laws.
Family Law Cases and Children
Family law cases involving children can be very emotional and often lead to complicated disputes. Issues concerning sole and shared custody, primary and secondary residential parentage, and out of state custody procedures can get extremely complicated. If you or a loved one is in the process of a divorce or child custody proceedings, it is essential to seek the help of a qualified Florida family law attorney. An experienced attorney can clarify Florida child custody laws, file the proper paperwork, as well as help protect the legal rights of you and your children. Please contact a Child Custody Attorney in Orlando today to discuss your case Free of Charge.
The Chartered Law Offices of Troum & Wallsh is conveniently located one block from Interstate 4 on Lee Road in Winter Park, Florida. The lawyers are licensed in all Florida state courts. The firm frequently handles family law cases in Orange, Seminole, Osceola, Lake, Marion, Volusia and Brevard Counties and has on occasion handled cases outside of central Florida.