Mother’s Rights in Child Custody Cases in Florida

In the State of Florida, as in many other states, if a child is born outside of marriage, the mother will be given primary custody of their child unless and until a court enters an order stating otherwise. If the child is born to married parents, both of the child’s parents will have equal rights to make choices about their child’s health care, education, religion, and other important issues.

This means that when the parents are married, they will both be able to make decisions for their child. One parent will not have more rights than the other.

In the legal context, child custody means guardianship of a minor. The laws that govern child custody may be complex and different in different jurisdictions, so it is important to consult with a lawyer for more information.

When a court makes any type of decision in a case that involves a child, it will follow the child’s best interests standard. Under this standard, a court will review several factors and determine what is in the child’s best interests, even if that is different from the parents’ preferences.

It can be helpful for parents to be aware that physical and legal custody are different. The parent with physical custody is the parent with whom the child lives the majority of the time. A parent with physical custody will be responsible for the child’s day-to-day needs.

When a parent has legal custody, it means they have the right to make important legal decisions for their child, which includes their religion, education, and health care. Although it is common for one parent to have primary physical custody, it is common for parents to share joint legal custody.

When determining mothers’ rights in child custody, it will take into consideration whether the child was born out of wedlock. The custody laws that will apply to unmarried parents may vary by jurisdiction.

When a child is born outside of a marriage, it can be more complex to establish parental rights. The child custody laws for unmarried parents provide that child custody is automatically granted to unwed mothers.

If a court determines that giving the mother custody will not be in the child’s best interest, the child’s biological father may be able to seek custody. When the child’s mother is their primary caretaker, they will have the legal right to make decision about their child, which includes the right to:

• Choose where their child resides
• Choose who can see the child and for how long
• Choose what school the child will attend
• Make medical decisions for the child
• Receive available public benefits for their child, such as food assistance
• Decide what activities the child will participate in, such as:
  • Extracurricular activities
  • Religious practices
  • Travel

When someone has any concerns or questions about the custody rights of a mother in Florida, it is important to schedule a legal consultation with a local Florida attorney.

How Are a Mother’s Rights Determined for a Child Born To Married Parents?

If a child is born to parents who are married, the law presumes that the child is biologically the mother’s and father’s. Although, in past years, courts often favored awarding custody to mothers, this is no longer the case.

Custody laws no longer favor awarding custody to a parent based on their gender. As previously noted, these types of decisions are made based on the child’s best interest standard in Florida.

A court will review many different factors when making decisions when following this standard, which include:

• When a parent has not paid child support
• Each parent’s willingness to parent the child
• Any evidence of violence or domestic abuse
• The child’s physical and emotional health
• The strength of the relationship the child has with each parent
• The stability of each parent’s home environment
• The wishes of the child if they are at an appropriate age to express their preferences

When a child is adopted and their parents divorce, custody decisions about those children will be made in the same way as if they were the child of divorcing biological parents.

Can Court Custody Orders Be Changed or Modified?

Child custody orders may be modified or changed in certain situations. If parents are able to maintain a civil and cooperative relationship, this can be helpful when changes need to be made. If one parent is openly hostile towards the other, it may negatively affect their request or even result in reduced custody rights.

When there is a court issued custody order, both of the child’s parents will be required to follow all of the terms of that order. Child custody decisions made by a court can be modified if there has been a change in their circumstances since the custody order was issued.

There are specific examples of situations in which courts may modify existing child custody orders, such as:

• The current custody order is no longer in the best interests of the child
• The needs of the child have changed
• One of the parents can no longer meet the child’s needs
• A parent has moved and the order no is no longer practical
• Evidence of domestic violence or child abuse exists
• One of the parents violates the child custody order
• A parent is found to be in contempt of the order

It may be quicker and simpler to get a modification of a child custody order when the child’s parents are able to agree to the changes to be made. There are some courts that require parents to wait for a certain period of time before the order can be modified, unless evidence shows that the child is in imminent danger and a modification needs to be made immediately.

A modification of a child custody order will require an individual to file a petition for modification with the proper court. A local Florida lawyer can help an individual ask the court for a modification of their order.

How To Win Child Custody for Mothers

Mothers and fathers can take the same steps when trying to win their child custody cases. A lawyer can help a parent, whether they are a mother or a father, prepare for their case by getting together all of the necessary evidence and documents that demonstrate to the court why granting the custody request is in the child’s best interests.

It can also be helpful to present evidence why the child’s other parent may not be fit to have custody or why that arrangement would not be in the child’s best interests. If a parent wants to win their case, it is essential that they treat the child’s other parent with dignity and respect as well as not behave rudely or aggressively towards them, both inside and outside the courtroom.

Should I Hire an Attorney to Assist With Obtaining Custody of My Child?

When you have concerns or questions about a mother’s rights in child custody in Florida, you should reach out to a child custody lawyer in Florida who can give you advice on your rights as a parent in Florida. Your attorney will help you present the best custody case possible to the court under the child’s best interests standard.

You can use LegalMatch.com to find a child custody lawyer in your area at no cost in as little as 15 minutes when you submit your question on the website. In approximately 24 hours, you will get messages from lawyers near you who are ready to give you advice and help you resolve your custody issue.