Florida Child Custody – The Facts about Child Custody in Florida

BusinessLegal

  • Author Kenneth Diaz
  • Published May 31, 2011
  • Word count 431

What are the facts about Florida child custody? When it comes to child custody, the policy of the state of Florida is to take care that both parents have frequent and ongoing contact with each minor child after the parents have divorced or separated.

The state of Florida also aims for a situation in which both parents share the responsibilities and rights of rearing a child. In principle, it doesn’t matter if you are the father or the mother: when it comes to determining who will get custody, both are given the same consideration.

Judges have been given a great deal of space to decide who will get custody, and the welfare of the child comes first. It’s no longer the mother who will automatically get custody, and many factors are considered before a judge reaches a decision.

If you are dealing with a disputed case, then I can recommend Steven Carlson’s book "How to Win Child Custody".

Responsibility of Parents in Florida

Generally, judges in Florida will decide that both parents share the responsibility for a minor child, so that each parent retains full parental responsibilities and rights. In such a situation, it’s is important that both parents are on speaking terms so that any major decision that affects the child’s welfare are taken by both parents.

However, the parents may agree that one of them has the final say over matters that affect the child’s welfare, such as medical needs, religion or education. The court may also order one of the parents to have that responsibility.

If a major conflict arises between the parents on any of these matters, judges will decide for them who has custody and/or parental responsibility. Depending on the evidence presented in court, judges can decide on different types of parenting arrangements.

Residence of the Child

Judges may rule that one parent’s home is the primary residence for the child, and rule that the other parent has frequent and ongoing contact with the child. Alternatively, judges may rule that both parents have rotating custody, and the child spends equal time with both parents.

In some cases, if judges decide that a shared parental responsibility is not in the interest of the child, they may give custody entirely to one of the parents.

Best Interest of the Child

In all cases, the best interest of the child is the most important starting point for judges when deciding on Florida child custody issues. In Florida, parents are obliged to take a parenting course before they enter a final divorce.

Kenneth Diaz is the editor of Florida-Court-Forms.net, the resource of Florida legal court documents and information. Find out more about temporary custody at his site.

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