Florida child custody regulations follow the Uniform Child Custody Jurisdiction and Enforcement Act. Courts are required to make all child custody determinations based on the best interests of the child as well as by following the Uniform Child Custody Jurisdiction and Enforcement Act.
Florida law also states that the goal of child custody is frequent contact with the child for both of the parents. Because of this, every attempt is made to have the parents share responsibility.
Courts in Florida mandate that all parents with minor children who are divorcing complete a necessary parenting class before granting a divorce in Florida. This is designed to help parents and children handle the trauma of separation and divorce.
Unless the court grants a waiver, both parents must complete the requirement. This requirement can be met online at a reasonable cost.
If an individual has any questions regarding child custody decisions and requirements in the state, they should consult with a local Florida lawyer.
What Do Judges Look For in Child Custody Cases?
In child custody cases, Florida courts focus on what is in the best interests of the child. A court will determine any custody issues based on what the child needs and not what the parents desire.
A court can examine any factor that affects the health and well-being of the child and make a ruling to ensure the child’s best interests. Florida law recognizes two categories of child custody: legal and physical custody.
Legal custody is the right for a parent or guardian to make decisions regarding how their child is raised, for example:
- The type of education they receive;
- The religion they follow;
- The health care they receive.
Physical custody means which parent the child resides with. A court can grant physical custody to one parent, or the parents can share custody.
Even if a court decides to award sole physical custody to one of the parties, that does not mean that the other parent cannot obtain legal custody or child visitation. There is a unique type of physical custody that is unique to Florida custody laws, called rotating custody.
With this type of custody, the physical and legal custody is rotated between the parents. It also requires each of the parents to be custodial parents for six months each year.
A Florida court would not likely encourage this type of custody because it may not be in the best interest of the child. Florida child custody laws prioritize the best interests of the child over the interests of the parents.
In addition to the child custody laws of the state, this is a major factor when determining which parent will be awarded custody and what type of custody they will be awarded. Florida child custody laws provide for numerous different types of custody.
Legal custody is determined at the same time as physical custody. Sole legal custody means that one parent has the right to make decisions for the child.
Joint legal custody means that both of the parents are included in the decision-making process. Sole physical custody in Florida is similar to other states.
It means that one parent provides the primary residence of the child. The other parent is usually granted visitation rights.
However, the amount of visitation will be determined by the court. Sole physical custody may be awarded with either sole or joint legal custody.
Joint physical custody in Florida is also similar to other states. It means that both of the parents act as the child’s primary residence and care providers.
Visitation is a term that is less commonly used in relation to joint physical custody because both of the parents are viewed as custodial parents. It may be awarded in addition to sole or joint legal custody.
A court may also create a joint custody calendar to determine the custody schedule. In the majority of states, custody is not required to be divided 50/50.
The only requirement is that a significant amount of time is spent with both of the parents.
What Are the Parenting Plans?
Whenever child custody is considered to be an issue, the parents will have to draft a parenting plan. Parenting plans outline the terms and conditions of shared parenting.
Typically, courts are reluctant to grant sole physical or legal custody to either of the parents unless a majority of factors are present. This is because the preference to allow both the parent’s visitation and custody rights implies that a parenting plan will not provide sole custody.
After considering the Florida child custody laws as well as the welfare of the child, a court will use other factors to help determine the type of child custody plan that will be used. These factors are not specific to child custody laws in Florida, and they are used in almost all family court systems.
Factors that the court considers when making child custody decisions include:
- The age of the child;
- The geographical distance between the parents;
- The preferences of the child;
- The relationship between the child and the parents.
In addition, when a final custody and visitation agreement has been reached, there are tools that the individual can use to organize their parenting plan and to help them facilitate communication between themselves and the other parent. Following a divorce, an individual may notice that conflict between themselves and the other parent is not easy to manage.
An individual should consult a lawyer about Florida child custody laws to find out about their rights and responsibilities as a co-parent after finalizing their custody agreement.
Is There a Set List of Factors for Determining Child Custody?
In Florida, there is a list of statutory factors that are considered when determining child custody, including:
- The age of the child;
- The living situation of each other parents;
- Any history of abuse or neglect from either of the parents.
Although there is a statutory list provided, courts may consider other factors at their discretion, depending on the circumstances of the case. Courts in Florida can order either joint or single-parent custody of a child subject to a custody dispute.
Florida courts usually favor custody orders that grant joint custody between both parents when possible. However, a court will evaluate each case individually when determining whether joint custody would be in the best interests of the child.
At What Age Can a Child Make Custody Decisions?
There is not a specific age when a court has to consider the opinion of a child when making custody decisions. Instead, the court has to determine whether the child is mature enough to have a reasonable preference.
When Do I Need to Contact a Lawyer?
You could have issues, questions, or concerns related to child custody decisions in Florida. If so, it is essential to consult with a Florida child custody attorney who can evaluate your situation. Family law cases can be complex, and your attorney can explain your rights and options.
Your lawyer can provide you with legal advice and representation throughout your case. In addition, your lawyer can keep you updated if there are any changes to the laws that may affect the outcome of your case.
