Divorce involving children can be one of the emotionally hardest and legally most difficult experiences a parent can go through. The main focus with regard to child custody laws in Florida is that the court has to keep the best interests of the child as a primary consideration while parents must do the same. It is therefore important for you to familiarize yourself with the workings of the process so that you can protect your parental rights and help with an easier transition for the child.
We are going to take you through every significant aspect of the child custody process throughout divorce in Florida, whether we are talking about beginning the process or renegotiating a custody order.
Overview of Child Custody Laws in Florida
In Florida, custody” and “visitation” are no longer used in legal documents. Instead, the law addresses parental responsibility and time-sharing in the Parenting Plan. This change in terminology reflects the idea that formerly opposed spouses may learn to cooperate in their children’s best interests even after a divorce.
The courts promote both parents to stay involved in their child’s life barring any evidence that shared parenting would be harmful, according to Florida laws. Shared parenting is considered wise since both parents need to be present and active in the child’s life for his or her development.
Types of Custody Recognized in Florida
Custody in Florida is generally divided into parental responsibility and time-sharing. Parental responsibility means the right to make decisions in the best interest of the child regarding education, health care, and religious activities.
On the other hand, time-sharing refers to the amount of time the child would spend with each parent. Florida law usually favors the joint parental responsibility arrangement; however, sole parental responsibility might be awarded to one parent in cases of abuse, neglect, or ongoing extreme difficulties.
Filing for Divorce in Florida With Children
After divorce proceedings are initiated in Florida in the presence of a minor child, each parent shall develop a parenting plan and undertake a parent education and family stabilization course as mandated by law. This course ensures that parents appreciate how divorce affects children and pushes parents toward working together in co-parenting.
The divorce papers must include custody provisions. If both parents agree to the plan, the court may approve it without a formal hearing. On the other hand, in a contested divorce, the judge will step in and decide custody with the child’s best interest in mind.
How Custody is Determined During Divorce?
Custody decisions in Florida are made following the “best interest of the child” standard. A court evaluates the conditions under which each parent is able to provide a stable environment: the emotional ties binding the parent and child; the willingness of each parent to foster a relationship with the other parent.
Other factors considered include the child’s school and home environment; health and safety concerns; and in certain cases, the wishes of the child, depending on the maturity of the child to express some reasonable opinion. The focus is creating balance in post-divorce life with as much nurturing as possible for the child.
Custodial Rights of Each Parent in Florida
In Florida, unless there is a compelling reason to deny equal custodial rights to one of the parents, those rights are generally shared. Joint custody means equal right of parents to make decisions concerning the raising of the child, while the parent presently with the child is entitled to make decisions on a day-to-day basis.
However, one parent may be designated as the primary residential parent by the court for school zoning matters. The joint parental responsibility means that each parent may, nevertheless, retain equal authority to make decisions for their child, despite an unequal time-sharing arrangement.
How to Gain Full Custody in Florida?
Parents frequently inquire as to how one might win full custody in Florida. To achieve sole custody, the parent must substantiate that shared parental responsibility would be an actual detriment to the child. Gun control charges, for example, would substantiate charges for full custody with evidence of domestic violence, drug abuse, or a very unstable atmosphere. To gain full custody, steps to be taken should include as follows:
- Gathering necessary evidence (police reports, medical records, statements of witnesses)
- Bring a motion for sole parental responsibility.
- Prepare a strong case for court with an attorney’s assistance.
- Establish that the request for full custody is in the best interest of the child.
Sole custody is not assigned lightly, and the burden of proof is on the parent requesting it in front of a judge.
Child Support and Time-Sharing Guidelines
After custody matters are worked out, child support orders are computed via Florida statutory child support guidelines, which factor in, among other considerations, potential income earned by either parent, time-sharing schedule, and additional costs related to child care, health care, and other related issues. Child support ensures that the child is economically supported by both parents at all times.
Another thing worth mentioning is that modification of the standard child support formula can also take place in case special circumstances are introduced. To give an example, in case of a child with a unique medical need or one parent who faces a lot more financial responsibility towards a child, the court may modify payment. Achieving this in each instance is to keep the standard of living of the child as stable as possible.
Time-sharing is now a visiting style incorporated into the parenting plan. This is generally fairly equal between parents or may slightly favor one parent or the other. Failure to maintain the agreed-upon time-sharing schedule may result in legal repercussions, so it is imperative that all parties follow the arrangement.
Changing Custody Orders in Florida
Life had happened, and changes in arrangements for custody were occurring. In Florida, a parent may file a petition for changes to custody orders when major unforeseen changes or urgencies occur in life, such as working out-of-state relocations, health issues, or scenarios justifying the child’s safety and well-being.
The court will decide whether changes in the circumstances are serving the child’s best interest or welfare. Usually, minor disagreements or inconveniences do not allow for change. It is good practice to check with a family attorney before filing to ensure that your case is in conformity with Florida’s legal definitions.
Final Thoughts
Overall, divorce with children in Florida is always hard, but when you know about the state child custody laws, it helps you to make better judgments. If you are aiming for joint parental responsibility or contesting full custody, you must always put your child’s needs first and find as much legal help as you can.
