How to Get Full Custody of a Child in Florida?

In Florida, as well as in other states, full custody is a custody arrangement where one parent assumes all of the responsibilities that are associated with raising and caring for their child. Full custody may be awarded to a custodial parent when one or more of the following occurs:

• One parent is ill, disabled, or otherwise incapacitated
• The court determines that one of the parents is unfit to raise the child
• A parent has been incarcerated or has a considerably negative criminal record
• There is a history of abuse or neglect by the child’s other parent

When one parent is given full custody, that means that they are the parent who is given legal and physical custody. Full custody, however, does not necessarily mean that the child’s other parent will not have any visitation rights.

In certain cases of full custody, the other parent, called the non-custodial parent, may have short times of visitation with the child. The terms full custody and sole custody are commonly used interchangeably, even though there are some differences between the two arrangements.

One example of this is how, with sole custody, the non-custodial parent is typically not provided with visitation or custody rights. Non-custodial parents in these situations usually have to pay child support, depending on the facts of the case.

Courts typically only award full custody rights to one parent under specific circumstances, for example, if one parent is unfit or unable to care for their child. It is usually considered to be in the child’s best interests to maintain equal relationships with both of their parents.

With full custody arrangements, only one of the parents is given the responsibility of legal and physical custody. Legal custody is a parent’s responsibility for making various legal decisions on behalf of their child. Physical custody is when the child stays or lives with the parent, making them responsible for the child’s:

• Food
• Clothing
• Shelter
• Educational matters
• Other related expenses

Full custody arrangements may also give non-custodial parents some visitation rights. For example, the non-custodial parent may be given short visitations with their child.

Having full custody may be more demanding than other forms of custody, such as split or shared custody. This is largely because a custodial parent assumes the majority of responsibilities for the child.

Full custody will typically not be granted simply because a parent requests it. Instead, it is usually only granted when a family court determines that it will truly benefit the child.

If an individual wants to get full custody of their child, they should keep the following tips in mind when making the request in court:

• An individual should be prepared to provide documentation that they are capable of raising their child on their own
  • This may include financial statements, such as bank account statements and proof of a residence
• It is important not to purposely exaggerate or falsify any information to try and get custody
  • This may result in being held in contempt of court or other criminal charges
• Although a parent may need to explain why they believe they are the better fit to raise the child, they should not insult or belittle the other parent

When full custody is not an available option, there may be other alternatives, such as:

• Legal guardianship
• Shared or joint custody
• Planned visitation

For more information on getting full custody of a child in Florida, an individual should schedule a lawyer consultation with a local Florida attorney.

What Are the Requirements for Full Custody?

There are full custody requirements that a parent must fulfill to gain full custody of their child. This includes demonstrating to a court that they are a fit parent who can provide a stable home environment, will prioritize their child’s best interests, and show that granting full custody would be in the child’s best interests.

This may involve providing evidence that the other parent cannot adequately care for their child because of factors such as neglect, abuse, or instability. When making this decision, the court will consider numerous factors, including:

• The best interests of the child: A court will always prioritize what is best for the child involved, which includes their educational, physical, and emotional needs.
• Which parent will provide a stable home environment: The parent will need to show that they will provide a safe and stable home where the child will be able to thrive.
• If the parent can provide financial stability: The parent will need to show they are able to meet their child’s financial needs.
• The fitness of a parent: This includes their ability to care for their child.
• Whether there is a history of abuse or neglect: When there is evidence of abuse or neglect, it can make a stronger case for the requesting parent.
• The preferences of the child, depending on their age: Although they are not always followed, the wishes of the older child may be considered by the court.

How Is Custody Determined?

The determining factor in any child custody case is the child’s best interests standard. Usually, when making child custody decisions in Florida, courts will consider the following:

• The child’s background, which includes their:
  • sex assigned at birth
  • age
  • personal health characteristics
• Children who have special needs or disabilities can be used to certain homes and be accustomed to the parent who provides their daily specialized care
• When the child is at least 12 years of age, many courts will consider their preferences
• Environmental factors in the child’s life, including:
  • The quality of the available education in each parent’s school district
  • The safety of each parent’s neighborhood
  • Each parent’s proximity to extracurricular activities
  • Each parent’s mental and physical health
• The ability of each of the parents to give financial and emotional support to the child while in their care
• The stability of each of the parent’s backgrounds and lifestyles
• Whether the child has attachments to their other siblings or important family members in their home
• Each of the parent’s commitment to helping the child maintain an ongoing and healthy relationship with their other parent

Determinations made about child custody issues are usually included in a formal child custody order by the court. In order for an individual to obtain a custody order, an individual will need to petition the family court handling the legal separation or divorce proceeding.

Under custody laws for unmarried parents, in certain jurisdictions, the child’s mother will be initially awarded primary custody until the father petitions the court for custody and visitation.

Do I Need To Hire a Lawyer for Help With Child Custody Issues?

If you are having any issues related to your child custody order or if you want to ask the court for a certain type of custody, it is important to consult with a local, experienced Florida child custody lawyer. Your lawyer will be able to help you understand your parental rights and legal options under Florida laws.

Your attorney will represent you in court and present any arguments on your behalf. Having an attorney handle your child custody issue can help alleviate the stress associated with issues involving your child.

You can find a child custody lawyer in your area in Florida using LegalMatch’s lawyer matching service at no cost. All you need to do is submit your concern on the website, and in about 24 hours, you will get responses from pre-screened and licensed child custody lawyers who will be able to explain your options and help resolve your issue.