Florida Child Custody: Procedure

One of the biggest issues in a divorce is often who gets custody of the children from the marriage. It can be hard to agree on who the child will live with and what amount of control the parent will have over decisions on how to raise their child.

Throughout the Florida child custody process, the court will always prioritize the children’s best interests. Florida courts carefully consider parental rights and aim to support the child’s overall well-being in their custody determinations.

This article explains the process of resolving child custody questions in Florida. Right off the bat, it’s important to note that Florida laws generally don’t use the term “child custody." Instead, Florida custody law uses the terms "time-sharing" and "parenting plans" to describe how much time each parent will spend with their children.

Initiating the Custody Process

In many cases, parenting time issues are resolved during the divorce process. Otherwise, initiating the custody process in Florida involves filing a petition in the family court of the county where the child resides.

The petition outlines the petitioner’s request for parenting time, including:

• Desired visitation schedules
• Considerations for the child’s well-being
• Requests for child support
• Details on each parent’s responsibilities

After filing, the petitioner must ensure proper service of the petition to all relevant parties, including the child’s other parent or legal guardian.

Florida Child Custody Hearings

After the petition is filed, both parties must attend hearings scheduled by the court. Evidence and arguments regarding custody, domestic violence issues, and other relevant factors are presented during the hearing.

The court aims to establish a custody order that protects the child’s best interests. They also consider including provisions for alimony and other financial support.

Once the court considers the evidence, it will issue a final judgment. This judgment outlines the court-approved custody arrangement. It also includes any requirements for the welfare of the child.

Creating a Florida Parenting Plan

In Florida, parenting plans outline each parent’s responsibilities regarding the care and upbringing of their child. Parental responsibility is the decision-making authority over the child’s education, health care, and other significant aspects of their life.

The plans also establish a time-sharing schedule. A time-sharing schedule outlines when the child will spend time with each parent according to the court order.

Florida law recognizes both joint custody and sole custody:

• Joint custody is when parents share decision-making responsibilities and time with the child
• Sole custody is when one parent has both physical and legal custody or sole parental responsibility

The custodial parent, or the parent with full custody, typically has primary physical custody. However, legal custody may be shared or granted solely to one parent in accordance with the custody agreement.

Modifying the Custody Order

Changing a custody order in Florida involves several steps to make sure it’s best for the child. Either parent can ask the family court to modify an existing custody arrangement if important things change, like moving or the child’s needs.

To start, you file a petition explaining the changes you want and why. Both parents then attend a hearing where they can share evidence supporting their side. The court looks at everything to decide if the changes are good for the child.

If approved, a new custody order is made with updated visitation schedules or other changes to keep the child safe and cared for.

Related Resources

• Florida Child Custody Laws
• Child Custody Basics
• How Child Custody Decisions are Made
• Parental Visitation Rights FAQ

Get Legal Help With the Florida Child Custody Process

Navigating a child custody case can be complex and emotionally challenging. Seeking legal help ensures that your rights and the best interests of your child are protected. An experienced Florida family law attorney can provide invaluable legal advice. They can help you understand Florida custody law, prepare the necessary documentation, and represent you in the court process if needed.