In Florida alone, divorce rates are around 50% for first-time marriages. The majority of marriages include children and require a child custody agreement. Child support and child custody are not the same, and the court will make a ruling on them separately.
If you reside in Florida and are going through a divorce that involves children, you should hire a child custody lawyer.
Florida Child Custody Laws
When both parents cannot come to a child custody agreement amongst themselves, a judge will have to make that determination. The state of Florida believes that minor children should have an equal amount of frequent and continuous contact with both parents following a divorce and separation of the parents. The state believes in joint custody and wants both parents to share the responsibilities and joys of raising their children.
Joint custody is a legal custody arrangement and is based on shared parenting. This means that both parents will have equal decision-making responsibilities. One parent will be unable to make major decisions regarding their child unless the other parent deems it okay. Both parents must agree on health care, education, and activities outside of school.
However, for a joint custody arrangement to work, both parents will have to be prepared to compromise and cooperate. Both parents involved in the arrangement should be able to trust one another and avoid making one-sided decisions.
Choosing Custodial Parent
While joint custody is the most favorable in Florida, sometimes it doesn’t always work out this way. When it comes to choosing primary custody, the court will always consider the well-being of the child, in addition to how time is shared or not shared.
If the court finds that one parent is unfit or poses a danger to the child, the parent may only be granted limited visitation or no visitation if they are ordered to pay child support. The court remains impartial when it comes to granting a mother or father preference during court proceedings.
Custody Xchange, which is the parenting scheduling company, will discuss the parenting plan that is used by the court to come up with a visitation schedule. The court will look at several things to determine how the time should be spent with both parents. This may include the stability of the home environment, parental communication, and division of parental responsibilities and needs of the child.
Additionally, the court will look at the physical and mental abilities of each parent. They will also check any past history of substance abuse. The court’s goal is to have both parents involved in raising their children through consistent routines and good communication. The goal is to protect the child in the process.
If you need more information or are going through a divorce that involves children, make sure that you reach out to a lawyer who can help you and prepare you for the process. He or she will be able to inform you about what you can expect.
Categorised in: Child Custody