How are child custody and visitation determined?
Florida has a statute providing for shared parental responsibility. Parents are encouraged to share decision-making regarding their children. When an agreement cannot be reached, the judge will use a "best interests of the child" standard to determine questions regarding child custody and/or visitation. The Court will review all circumstances of the parties to determine custody. Some factors that the judge considers include:
- Age and sex of the child
- Compatibility with each parent
- Ability of each parent to care for and nurture the child.
How old does the child have to be before they can decide whom they want to live with?
Children do not have the right to decide at any age. But a Court may well consider the wishes of a mature 11 year old, but not the wishes of an immature 15 year old. The Court is concerned with what is in the best interest of the child and not simply what the child wants.
What if I am not married to the parent of my child?
First, you need to establish paternity through scientific testing which can be ordered by the Court. However, if a party stipulates to paternity, scientific testing is not necessary. Once paternity is established, child support and visitation issues will be decided pretty much the same as in a divorce case.
May parents share custody?
The Court, in its discretion, can award joint custody instead of sole custody. There are two types of joint custody:- Joint legal custody, means that both parents have equal rights and responsibilities for major decisions concerning the child.
- Joint physical custody, means that physical custody is shared by the parents in such a way to assure the child substantially equal time and contact with both parents.
In awarding joint custody, the court may order joint legal custody, joint physical custody, or both.
What is the most common joint custody plan?
Typically the Court awards Joint Legal Custody with the primary physical custodian having the tie-breaking authority should the parties disagree on the decision regarding the minor child.
One parent having primary physical possession, and the non-custodial parent having the standard visitation of every other weekend, alternating holidays, and an extended period in the summer, and pays child support based on the Florida State Child Support Guidelines.
Can the court award attorney's fees to me in a custody case?
In many states' laws, if the person asking for attorney's fees is acting in good faith and is unable to afford the legal expenses of the lawsuit, it is possible for the court to award reasonable attorney's fees as party of the custody order.
Can a custody order be changed?
Yes. A court may modify a custody order. However, once a parent is awarded custody, the judge will only change the custody order only if there has been a substantial change in circumstances since the entry of the prior order. Usually it must be proven that the change has a direct and adverse effect on the children.
Are courts more likely to award custody to mothers than to fathers?
In the past, most states provided that custody of children of "tender years" (about five and under) had to be awarded to the mother when parents divorced. In most states, this rule has been rejected entirely or relegated to the role of tie-breaker if two otherwise fit parents request custody of their preschool children. Most states require their courts to determine custody on the basis of what's in the children's best interests, without regard to the parent's gender.
Who determines how much visitation is reasonable and fair?
When a court awards physical custody to one parent and "visitation at reasonable times and places" to the other. The court sets a reasonable and standard visitation schedule which varies with the parties schedules.
Is mediation the best approach to solving disagreements about child custody?
Mediation is a non-adversarial process where a neutral person (a mediator) meets with disputing persons to help them settle a dispute. The mediator does not have power to impose a solution on the parties, but assists them in creating an agreement of their own.
Aside from custody and visitation, do I have a right to be involved in decisions concerning my children?
Yes, Florida law provides for "shared parental responsibility" where both parties have a say with regard to important child related issues such as health, education, religion, etc.
Can the Court order supervised visitation if the non-custodial parent is a danger to the child?
Yes, but it is your burden to show that there is an actual danger to the child and not that you just happen to dislike the other parent.
Can I relocate to another area with my children if I am given custody?
There are several statutory factors that the Courts look at to decide whether a parent can leave the jurisdiction with the children and major legal battles are fought over this issue but such permission can be granted. Every case is different, but if you are going to move, you will probably need either your spouse's consent or the judge's permission.
