WHAT IS CHILD CUSTODY?
Having child custody means having the responsibility for and taking care of the needs of a person under the age of 18.
WHAT IS THE DIFFERENCE BETWEEN PHYSICAL CUSTODY AND LEGAL CUSTODY?
Physical custody means the physical care and supervision of a child. Legal custody is a legal position created by a court order which gives the custodian the right to have physical custody of the child and the right and duty to protect, train, and discipline the child, and to provide the child with food, shelter, education and medical care.
Who is entitled to custody of a child?
Both parents are entitled to custody in Florida. It is the public policy in Florida to assure that each minor child has frequent and continuing contact with both parents and to encourage parents to share the rights and responsibilities, and joys, of child rearing. Unless the court determines that it would be detrimental to the child, the court will order that parental responsibility be shared. In making a determination about custody, the court must decide what is in the best interest of the child.
What is joint custody?
Joint custody (shared parental responsibility) is a court-ordered relationship where both parents retain the parental rights and responsibilities with respect to their child and jointly make decisions about the child’s welfare.
How do you file for a custody order?
How you file for a custody order will depend upon the circumstances of your case. If you are married but are involved in a divorce proceeding in Florida, custody of your child/children will be determined in the divorce proceeding. If you are divorced and you want to modify the custody order that was given in your Florida divorce, you may file in the circuit court in the county in which either parent or the child reside or the circuit court in which the original order was entered. If you are not married and Florida is the home state, you may file a petition for custody of your child/children in the circuit court. If Florida is not the home state you will need to follow the procedures for filing a petition in the court of the home state.
Can I end or decrease child visitation if my spouse fails to pay child support?
You can not refuse visitation rights because a spouse failed to pay the child support ordered by the courts. You should bring the issue to the attention of the courts and file a petition asking the court to take disciplinary action. If you refuse to honor the visitation rights in the order, the court may order extra visitation to make up for the lost visitation time. In addition, the court may penalize you in other ways, including ordering you to pay the costs and attorney fees your spouse incurred to enforce the visitation rights, order you to take a parenting course, or award custody or primary residence to the spouse/ex.
Can grandparents be given visitation rights?
Yes. If the court determines that it is in the best interests of the child, the custody order may provide grandparents with visitation rights. However, the court may not order that the child be kept within the state or jurisdiction of the court solely for the purpose of visitation by the grandparent.
Can a parent relocate their children to another state?
It depends. A custodial parent seeking relocation must file a “petition for modification of final judgment” to adjust the visitation schedule and child support obligations. The move must be in the best interest of the children and not frustrate or be vindictive to the non-custodial parent. The criteria used to determine the best interest of the child(ren) are often confusing and challenging.