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.
Does a single parent have visitation rights?
A father who has not legally established paternity for a child has no legal rights. Custody laws for unmarried couples in Florida stipulate that the mother is the natural guardian. She has custody at the time the child is born. A father can request visits, but it is entirely up to the mother to decide if she wants the child to see the father. If the mother fears that the father will refuse to return the child after a visit, she should proceed with caution. It is always recommended that visits to the mother’s home be supervised or in a safe public place. This is especially true if it is the first time a parent is meeting the child.
A single parent who has sole custody of the child should remember that they are protected by unmarried parent custody rights. Nobody, not even the biological father, can take the child without a court order and a legally established paternity test. If a relative of the parent or parent has taken the child, it is important to notify the police and the Department of Children and Family immediately.
The Child’s Preference
In custody cases, the judge may consider the children’s preference when determining the terms of the parenting plan. See Jeffers vs. McLeary. However, the child’s preference cannot be the only factor on which the court will rely in determining a parenting plan. See the Florida custody case, Garvey v. Garvey. It is important to note that minor children cannot attend a custody hearing without prior court approval. See Florida Family Law Rule of Procedure 12.407. A parent requesting a child’s testimony must first schedule a court hearing of the request. At the hearing, the judge will consider all relevant factors to decide on the application. If granted, the judge may allow the minor to testify about custody of the child.
If the court allows the child to testify, it is usually a closed questioning. Usually, an investigation takes place behind closed doors in the judge’s office, without the parents and lawyers being present. Public participation is not permitted as on-camera exams are private. However, a court clerk may sit the exam. The clerk will transcribe the conversation and make the recording available for a future court hearing. If the judge refuses to allow a reporter to be present, this may be grounds for an appeal. See Hickey v. Burlinson.
Timeshare vs. Parental Responsibility
Parties often argue about timeshare with a child and how parental responsibility for that child will be divided between them after they are separated. Timeshare encompassed the physical location where the child regularly spends time with each parent throughout the year. This includes who will have the child most of the time and what days the other parent can see the child. The responsibility of the parents includes what will be the decisions affecting the upbringing of the child. decided – jointly by both parents or by only one parent. Decisions to be made include medical, educational, and religious decisions about how to raise a child.
If you are going through a divorce or separation, it is important that you take the time to consult with an attorney to help you through the entire process. Child-related issues in court proceedings quickly become very complex. With the help of a great lawyer, you can find your timeshare contract and ensure your child is well taken care of.