Child Custody in a Divorce in Florida

If children are involved in your divorce in Florida you are probably concerned about child custody and visitation. The State of Florida has one overriding factor in child custody issues: What are the best interests of the children? This should also be the main concern of the parents. Divorce in Florida can be a traumatic experience for children and every effort should be made to reduce the emotional effect on them. You may be getting a divorce from your spouse but you will always be a parent.

In 2008 Florida divorce laws were changed drastically regarding child custody. The terms custody, visitation, primary residential parent and secondary residential parent were replaced by shared parental responsibility, time sharing and parenting plans. The courts were overwhelmed by parents fighting to be designated the primary residential parent. Florida divorce laws now encourage equal responsibility for all decisions that need to be made in a child's life.

In a divorce in Florida the parents will typically be granted shared custody of the child and equal rights in making joint decisions regarding the child's welfare. If there is major disagreement on some aspect such as education, religion or medical needs of the child the court may designate one parent primary control over that aspect.

In rare cases sole custody may be granted to one parent. This is usually based on child abuse, family violence or continuous conflict between the parents. Sole custody will only be granted by the courts where it can be proven that shared custody would be detrimental to the child.

In the final decree of a divorce in Florida there must be a parenting plan that explains the shared parental responsibility and time sharing schedule. Typically, these are agreed on by the parents or through mediation and compromise. If the parents cannot agree a trial will be held and the judge will make a decision based on Florida divorce laws. This may also involve a child custody evaluation by a third party such as a family counselor or psycologist. In theory the father and mother have the same divorce rights regarding parenting and time sharing but in practice the mother is typically given special consideration as the guiding force in the children's lives. Children over the age of 12 may be asked their preference regarding time sharing. Once the court has evaluated all of the evidence it will provide a parenting plan with details of the arrangement.

There are over 20 factors the Florida divorce laws consider in child custody. For more information on your divorce rights in child custody see the Uniform Child Custody Jurisdiction and Enforcement Act. Just remember that the State of Florida will be considering the best interests of the children and you should be doing the same. It is very important that the children are subjected to as little stress as possible in a divorce in Florida.

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