Tampa CHILD CUSTODY
LAWYERS
TYPES OF CHILD CUSTODY IN FLORIDA
Determining where your child will live and what the responsibilities of the other parent will be when you and your partner separate is challenging. One thing that’s important to consider is that there is not one single type of custody or custody arrangement in Florida; instead, there are actually four types of custody, and parents are encouraged to work together to find an arrangement that works best for them and their child(ren).
Sole physical custody. Physical custody refers to the responsibility to physically care for and provide for the child; the parent who has physical custody is the parent with whom the child will live. In some cases, parents or a court may decide that it is in the child’s best interests for one parent to have sole physical custody. Usually, the other parent will be granted visitation rights when this is the case.
Joint physical custody. In many child custody cases in Tampa, parents will opt for shared, or joint, physical custody, in which parents split parenting time. Sometimes, the split is 50/50; other times, it may be divided in other proportions that are appropriate based on the child’s needs and each parent’s abilities.
Sole legal custody. Legal custody is distinct from physical custody. While physical custody refers to which parent has the responsibility for providing for the child’s physical wellbeing, legal custody refers to decision-making authority. A parent with sole legal custody will be the only person who can make decisions about healthcare, education, religion, and other activities on the child’s behalf.
Joint legal custody. Usually, both parents have the authority to make decisions on a child’s behalf and therefore share joint legal custody.
It’s important to think about the type of custody arrangement that you think will be most appropriate for you and your child. Many parents enjoy sharing custody and recognize the value in the child maintaining a relationship with both parents.
FACTORS THE COURT CONSIDERS IN DETERMINING PARENTING TIME
Parents are encouraged to work together to draft a parenting plan that will be submitted to the court for review. The parenting plan will include details about physical and legal custody, visitation time, with whom the child will spend holidays and weekends, transportation of the child, how disputes will be resolved, and more.
When parents have a very contentious relationship, reaching an agreement about a parenting plan may prove impossible. When this is the case, the court will intervene to issue a determination about child custody.
In issuing its decision, the court is required under law to consider the best interests of the child and make the determination based on this. In order to determine the best interests of the child, the court will review a number of factors, as found in Florida Statutes 61.13, including the following:
The capacity of each parent to foster a loving relationship between the child and the other parent and to communicate with the other parent.
Parental responsibilities and whether and how responsibilities will be delegated to third parties.
The ability of each parent to act on the needs of the child.
The child’s environment.
The geographic viability of a parenting plan and different custody/visitation arrangements.
The moral fitness and physical and mental health of each parent.
The preferences of the child if the child is of sufficient age to express such preferences.
The ability of each parent to provide a consistent routine for the child.
Any evidence of domestic violence, abuse, or abandonment.
Any history of substance abuse and each parent’s ability to maintain an environment that is free from substance abuse.
Any other factors the court finds necessary and relevant.
CAN A CHILD CUSTODY ORDER BE MODIFIED?
An unfavorable outcome in a child custody case can be devastating for a parent. Equally as frustrating can be a child custody order that no longer makes sense for parents or a child in the future. When there has been a significant change in circumstances following a child custody judgment, either or both parents together can file a petition for modification of a child custody order. If you are seeking modification of a court order, our law firm can provide legal assistance.