Note that the courts always favor joint custody.
States have different laws regarding child custody, but if there’s one thing Florida judges value, it’s parental equality. They see parents as equals. So if a parent claims that they want full custody of their children, that parent must show and prove why it is in the children’s best interests to do so. So if you are from Florida and going through a divorce and custody case, this article is for you.
How is child custody determined?
The majority of states define custody as legal and physical custody. Legal custody means that one parent is given the power to make decisions about their child (education, health care, religion, etc.), while physical custody refers to which parent the child will live with.
In Florida, custody laws work in favor of both parents, ensuring they remain active in their children’s lives. As a result, courts tend to favor parenting plans that give both parents equal access to the child. If these laws seem confusing to you, you need the help of qualified attorneys to help you through this process.
Parents often share parental responsibilities because they want each parent to have an equal say in important matters that could impact their children’s lives. Additionally, a time-sharing schedule is vital as it relates to when the child will spend time with each parent.
If the parents disagree with these plans, the court can order a plan that is in the best interests of the child. If you wish to avoid this, you should contact Jacksonville Custody Lawyers immediately and they will help you every step of the way so you know what is right and what is wrong.
When does the court decide on sole custody?
Little boy with book looking surprised; Image by Ben White, via Unsplash.com.
In certain circumstances, a judge may award one parent sole custody. For example, the mother may be granted sole custody if she has evidence that:
- The father has a drug problem that affects his ability to care for the child
- The father lives with someone who could potentially harm or threaten the child
- The father has mental problems
- The father was not a part of the child’s life until recently
- The father does not have a safe and stable home for the child
- There are allegations of omission
- There are allegations or a history of domestic violence and child abuse
In addition, depending on the facts and situation, the court can award the mother sole custody. In addition, the court can also decide on restricted visits or supervised visits to the father. If there is no danger or harm from the father, the court can also grant him liberal contact, while the mother bears sole responsibility.
Note that the courts always favor joint custody. However, the parents must be able to demonstrate that it is in the child’s best interest that the other parent not have a say in their child’s life. If either parent wishes to file for sole custody but is still in the divorce proceedings, they may need to speak to Jacksonville divorce attorneys first to see where they stand in their divorce case before proceeding to the custody battle.
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