Child Custody in Florida

Florida child custody laws are a difficult for all clients. While the presumption in Florida is 50/50 time-sharing, every case is unique. A family law attorney is your best tool to navigate this difficult and complex process.

Divorce and Child Custody: What You Need to Know

One of the most arguable issues that take place during divorce proceedings is child custody. It is also one with the largest likelihood of affecting the most number of lives in the immediate aftermath of the couple’s separation, as well as the long-term future.

• What is child custody?

  Child custody, is a term defining the legal and practical arrangements of a parent-child relationship. In a divorce proceeding, the issue of child custody will lead to decisions as to which parent is responsible for the child, as well as what are the responsibilities and privileges of the other parent. This will also determine with which parent the child will reside with and how often and what the conditions are for the other parent to will exercise his or her time-sharing rights.

• What are the bases for determining child custody?

  In the United States, the Uniform Child Custody Jurisdiction and Enforcement Act is the legal basis used in determining who gets child custody. In all cases, the “best interest of the child” gets primary consideration in deciding child custody cases. Lawyers can help parents with these cases by advising on how the parent can show that he or she can provide for “the best interest of the child.”

• What are the forms of child custody?

  The most mistaken public perception of child custody is that it takes the form of sole custody of the child. There are other forms of child custody, including:

  • Alternating: the children alternately live with one parent at a time, during which the parent will have sole authority over the child.
  • Shared: the children alternately live with one parent at a time, but the parents share authority over the child.
  • Joint: both parents will have physical custody and legal authority of the child.
  • Sole: one parent has physical custody and legal authority of the child.
  • Split: one parent gets full custody over some of the children and the other parent gets full custody of the others.
  • Third party custody: someone other than the parents have custody of the children.