If you are a parent in the state of Florida, you may have some preconceived notions regarding child custody and support. The following article will debunk some common myths about child custody in the state of Florida.
Myth #1 – Florida law requires parents to split parental leave equally (50/50). As of 2016, Florida no longer requires that parental leave be split evenly. Rather, Florida courts make parental leave decisions based on the best interests of the child.
How does child custody work in Florida?
Florida, unlike most other states, does not use the term “child custody” or in other words does not have primary and secondary parenting roles for divorced (or single) parents. Instead, the child’s residency status is determined in a custody plan, which can take several forms: the parents can have equal time together (also known as “physical custody”), or one parent can have most parents. timeshare over another. In both cases, the child can live with both parents. The only question is when and how long the child will live separately with each parent.
* Parents’ willingness to compromise and flexibility in scheduling time-shares * Parents’ willingness to develop a good relationship with the child and to prioritize the child’s needs * Parents’ willingness to cooperate * Parental sharing Responsibilities * Parents’ mental and physical health * Each parent’s place of residence, whichever is most convenient for the child * How long the child has previously lived with each parent * Parents’ character and moral fitness * Parents’ knowledge and willingness to care * Parents’ ability to provide a stable and healthy environment that supports a prosperous future * Parents’ history or evidence of violence, drug use, neglect, or alcoholism: Florida Statute 61.13
Will a judge consider: a Child’s preference to live with a particular parent?
Under Florida family law, the judge may consider a child’s expressed preference to live with a particular parent. However, the judge will only consider the child’s wish to live with a parent if certain criteria are met.
In other words, the judge is unlikely to award sole parental responsibility to the chosen parent simply because the child prefers to live with only one particular parent. Section 61.13 of the Florida Statutes states that both parents are presumed to share parental responsibilities in the best interests of the child. According to the law, a child must have “frequent and constant contact with both parents”.