Child Custody Lawyer in Florida
When a divorcing couple share a child or children together, how they will continue to share those children and make parenting decisions post-divorce. Child custody is one of the most contested issues during a divorce or parentage case. Even parents who get along and can make most decisions as a team might find it difficult to determine how custody and parenting plans will be handled when the time comes. Not all child custody cases in Florida wind up in front of a judge, but with the ones that do, the primary consideration of the court will be the best interests of the child.
Florida Child Custody Laws
In Florida, child custody goes by the name of timesharing, and a child custody agreement is known as a parenting plan. The policy of the state is for both parents to maintain frequent and continuing contact with their children after a divorce, and to share in the rights and responsibilities of raising a child. However, in all issues involving children, the best interests of the child are always the primary consideration for a family law judge. This means that a judge has the ability to grant custody primarily or solely to one parent alone, when convinced that sole custody would be in the child’s best interests. The authority to grant sole custody includes both the matter of physical custody (the parent with whom the child lives) as well as legal custody (the authority to make decisions regarding a child’s education, healthcare, religious upbringing and other areas of child-rearing).
Examine the Past Behavior of the Parents
If the parents cannot agree between themselves on the issue of timesharing, then the judge will make that decision for them in court. The judge will take a look at the past behavior of both parents. Why? The judge will need to examine this behavior in an effort to determine how you might act in the future. For example, if you have been sent to anger management in the past, it may be reasonable to conclude that you might need it in the future. This could prompt the judge to award majority parenting time to the other parent. Were you charged with domestic violence earlier in life? This charge could wind up coming back to haunt you, even if you have been living a clean life of late.
The Preferences of the Child
If the court decides that the child is old enough and mature enough to offer meaningful input into the matter, the judge may ask the child what their preference is for primary custody. Depending on the family situation, this could either be a very easy decision for the child or a very difficult and stressful one. This process might be handled in private between the child and judge or the judge could ascertain the child’s preferences through a custody evaluator. Either way, if your child is old enough, he or she might wind up being one of the factors in deciding how the judge decides the custody case.
Florida Shared Parenting Plans
The state prefers that parents discuss and decide together major decisions that will affect their child. As always, a parenting plan will be decided by the judge based on the best interests of the child, and shared parental responsibility is not appropriate in all cases. In 2018, Florida also enacted a new law that encourages parents to use a Standard Parenting Time Plan suggested by the court if they are unable to develop a workable plan on their own.
Get Help with Complicated Florida Child Custody Matters
Crystal Collins Spencer offers thoughtful, practical advice in Florida child custody and support matters, and provides assertive and effective advocacy in court as needed to fully represent your interests. In Pensacola, Destin, Fort Walton Beach & Panama City, contact Spencer Law, P.A. for assistance with your Florida divorce or family law needs.
Back to Family Law