Types of Custody in a Florida Divorce
August 17, 2015
Child Custody in Florida is by far one of the most emotional and difficult issues divorcing couples will have to have to face. The same is true for un-married couples involved in paternity and custody disputes. Although Florida Law used to favor the mother, the current version of Florida Statute Chapter 61.13 does not favor the mother or father; instead, the Statute requires that the Court make a determination based on the best interests of the child(ren) by evaluating a long list of factors in each case.
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In fact, Florida has gone a step further to even do away with references to the term “custody” all together. The focus now is on two issues: 1. Parental Responsibility and 2. Timesharing.
Parental Responsibility
Parental Responsibility has to do with decision-making authority. It is presumed under Florida law that the parents will have shared parental responsibility– meaning each parent (regardless of whether the parents are married or unmarried) has an equal right to be involved in the important decisions of a child’s life, including schooling, medical treatment, and religion.
Although decision-making authority is presumed to be equal there can, however, be justification for an award of “ultimate decision making authority” – where one parent has the final say in the event of a disagreement, or for “sole parental responsibility” – where one parent has the right to make all decisions relating to the child, without the involvement of the other parent. While the later is much less common, there can be justification for such an award depending on the specific facts and circumstances of each case.
Timesharing
Timesharing focuses on creating a schedule for when a child(ren) will spend time with each parent. Although there used to be a uniform schedule that was imposed in all custody disputes, that is no longer the case. The Court now has the discretion to tailor a schedule to the specific facts and circumstances of each case, again with the overall focus being on the best interests of the child(ren).
These two issues are addressed in a single document, called a Parenting Plan. There are a number of factors and nuances to be addressed in creating a Parenting Plan and the type of Plan implemented can have a long lasting impact (good or bad) on the lives of the parties and the children involved.
Contact Jodat Law Group, P.A. for More Information Regarding Custody Arrangements
Custody is a complex issue that often requires the assistance of a family law attorney. Jodat Law Group can help. To learn more about custody arrangements and parenting plans, contact us for a consultation online.