Child custody is very difficult to deal with especially if opposing parents are involved, it is even more complex when there is uncontested divorce. When it comes to divorce in Florida child custody laws are designed in such a way that both 2 parents can work together to provide a better upbringing for their child, it’s the responsibility of both parents to provide maintenance, education and any care that’s needed for their child. Determining who will be responsible for child custody depends on a lot of factors, if will be determined based on whether the parent is morally fit to take care of the child and also the age level of the child will also be considered.
In Florida the laws that govern custody of children fall under UCCJEA, this states that the custody of any child should be held in the state of residence of the child, state of residence is the state which the child stayed for the past six months consecutively or the state which the child live after birth if the child in question is less than 6 months. Any child in Florida that’s under these 2 scenarios mentioned is qualified to make a case.
Child Custody Cases
The court where the lawsuit was filed will determine who should hold the custody of the child, visitation and support. If the child reaches certain age, his interest on whom he decides to stay with will be considered. Based on Florida child custody it’s required for the child to stay in touch with both parents, the parents are expected to share responsibilities for taking care of their child.
As long as the 2 parents don’t have any immoral character they’ll be responsible for taking care of their child, they’ll have equal time sharing and parental responsibility. Parental responsibility involves making the right decision that will affect the well being of their child.
When divorce arises and the 2 parents are at dispute on who should take care of the child, Florida court will decide on the responsibility of each parent. Florida law was passed in 2008 that prohibits one single parent from having full child custody. Instead of having child custody it’s now called “time sharing”, in this case the court will decide the time that will be allocated for each parent.
Before the court reach a conclusion on time sharing in Florida the two parents are expected to enroll in parenting classes that will help them take care of their child in a reasonable manner. There are situations where the parent will be forced to attend classes that are formulated for divorcing parents. If the two parents can settle themselves regarding their child custody, they have to submit the decision they make for approval in the court.
So you can now see that in Florida there isn’t single parent custody unless a parent has proven to be of immoral character, joint legal custody is applied when divorce arises in Florida, and that’s what’s considered to be the best for the child. Both parents should take responsibility when it comes to education, medical care, and other important decisions, parenting time will be shared equally among the 2 parents, sometimes it doesn’t necessarily have to be equal. Like it’s been said earlier, the court has the right to provide sole custody to only one parent if joint parenting if found to be harmful for any child.
If both the two parents are looking for sole custody, then the judge will make decision based on the interest of the child, other factors will as well be considered before making final decision such as mental and physical health, moral fitness. More considerations might be given to the parent who has been taken care of the child since birth.
It is in the best interest of the parents to settle down when it comes to child custody and responsibilities, this will save both of them time. If however you reach a stage where one parent is solely claiming for full custody, you might consider hiring a lawyer who can deal with the situation. If you have any complain or question regarding child custody you should call us now at Massey & Duffy for free consultation, we’re available to answer all your questions and can provide all the assistance you need.