Florida Law for Shared Custody of Minor Children
Child custody issues can be hotly contested between parents. In Florida, courts make custody decisions in light of what is in the best interests of the children. When determining whether to award shared custody between parents or guardians, courts evaluate all relevant issues to find out what would best serve the child.
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Legal Custody
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Florida law differentiates between two kinds of child custody: legal and physical. Legal custody is the right for a parent or guardian to make decisions about how the child is raised. For example, parents granted legal custody are entitled to make choices about what kind of education child receives, in what religion the child is indoctrinated and what kind of health care is appropriate.
Physical Custody
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Apart from legal custody, physical custody is where the child lives. Courts can award physical custody to one parent or another, or decide parents should share such custody. Even if courts decide to grant sole physical custody to one party, that does not mean the other parent is proclaimed from legal custody or child visitation.
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Parenting Plans
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Florida law provides for the use of parenting plans wherever child custody is an issue. These plans allow both parents to have physical custody of the children, or spell out visitation rights. Typically, courts are reluctant to grant sole physical or legal custody to either parent unless significant factors are present. The preference to allow both parents visitation and custody rights usually means the parenting plan does not provide for sole custody.
Domestic Violence
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One of the key factors in determining whether to award sole custody to a parent, is the presence or past history of domestic violence oOr child abuse. It is common in these cases for Florida courts to appoint a guardian ad litem, a person whose sole job it is to look after the best interests of the child. The guardian ad litem typically makes reports directly to the court so as to ensure the best interests of the child are met.
Best Interest Test
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When making decisions about child custody, Florida courts are primarily concerned with what is in the best interest of the children. This means the court can decide matters of custody on what it believes the child requires, and not based on what the parents desire. When determining these issues, courts can look at any factor that affects the health and well-being of the children and make rulings to ensure the child's best interests.
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References
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