Custody Of Child in Florida How Does a Florida Judge Decide Who Should Get Custody of a Child
Florida Judge Decide Who Should Get Custody of a Child
Sometimes when people hear the term child custody, they may automatically assume that it means that
the mother or one parent automatically gets custody of the child, while the father or other parent is the
sole visitor. There are. Stay as it is. While this may have been true many years ago in a limited number of
instances, the truth is that it is not or is not true. Florida laws have changed over the years and Florida
judges have felt that such decisions are usually not in the best interests of the child or children. At the
end of the day, Florida judges are legally bound to do what is in the best interest of children when it
comes to child custody battles.
Research over the years has shown that both parents play an extremely important role in a child’s life.
For this reason, it is now more common for parents to share custody of their children. The state of
Florida followed its laws in 2008 to get rid of the terms “primary custody” and “sole custody” instead of
the term “parenting plan.”
Under this amended Florida law, parents in Florida are expected to work together to create a parenting
plan that is in the best interests of their children. Of course, this isn’t always easy to do, even when
parents want what’s best for their children.
Child custody is one of the most emotional and highly controversial matters in Florida family law
because the stakes are so high. Additionally, both parents now have to demonstrate in court why they
should be given more time or more authority with the children because mothers are not automatically granted primary custody.
How is Custody Determined in Florida?
Custody Determined in Florida If the parents cannot reach an agreement, the judge will decide the terms of the parenting plan. The
primary focus of the judge will be to find out what is in the best interest and welfare of the children. See
Decker vs. Lyle. The judge may consider all relevant circumstances when determining custody. For
example, the judge may consider the child’s relationship with both parents, the child’s special needs, a
history of domestic violence, and the child’s choice. See Denker vs. Denker. Florida Child Custody Law
61.13 also lists several factors for the judge to consider, including, but not limited to: each parent’s
willingness to act on the child’s needs as opposed to the parent’s. child’s priority. When considering the
moral fitness of the parent, the court shall take into account whether the conduct of the parent has had
a direct adverse effect on the child. The potential for adverse effects alone is not enough. See the child
custody case McKinnon v. Stats. The child’s home, school, and community records. Each parent
demonstrated the ability and disposition to participate and be involved in the child’s school and
extra-curricular activities. Have both parents demonstrated the ability and willingness to facilitate and
encourage a close and ongoing parent-child relationship, have respected time-sharing schedules, and
are appropriate when change is needed. Have? both parents demonstrated the ability and willingness to
determine, consider, and act on the child’s needs rather than their own needs or desires.
Uncontested Detention Cases in Florida
An uncontested case is when a settlement is reached between both parents before the case can be filed.
An agreement regarding child custody will expedite the legal process. If the parents agree on the terms
of the parenting plan, the judge will usually ratify their agreement. Typically, a judge will intervene only
if the terms conflict with Florida law or policy.
Florida courts have a policy of allowing both parents to have frequent and ongoing contact with their
children. When ordering shared custody, the court must refrain from assigning final responsibility
concerning the children to the parents. See Florida Child Custody Case, Markham v. Markham. However,
control over specific aspects of the child’s welfare may be given to one parent. For example,
responsibility for a child’s education or health care may be in the hands of only one parent when shared
parental responsibility is impractical. Case- Wilson vs Wilson.