Most of the time, the authorities prefer to stay out of custody issues once a parenting plan and visitation schedule is set. The courts won't usually hear requests for modifications of an order unless there's a significant change in the circumstances for those involved.
Family law judges tend to award both parents joint legal and physical custody whenever possible. They often do this because they've read how children fare best when they spend equal amounts of time with each parent. Splitting custody 50-50 isn't always what's in the best interest of the child though. It's in cases like these that judges tend to award primary physical or legal custody to one of them. That mom or dad then comes to be referred to as the custodial parent.
There are many different types of custodial arrangements that parents request here in Florida. Each status carries with its obligations and limits. Today, let's take a look at what it means to have legal custody of a child.
Florida parents have two different options when it comes to reaching agreements about how to share custody of their kids. They can broker a deal among themselves whether alone or with the help of a mediator. If they can't work out a resolution among themselves, then Florida parents can litigate their custody cases in front of a judge. A court has to sign off on any parenting agreement. Penalties including criminal charges may be assessed if a parent violates a parenting order. One Florida mom learned this the hard way this past week.
Most Florida judges aim to keep kids and their parents together whenever they can. They do this because they believe that it's in the best interests of the children to do so. Some instances are just too serious that it becomes impossible to allow a parent to continue having custody of their child. It's in these instances when judges often award sole custody to only one parent.
It doesn't matter how long you've been divorced. Spending the holidays away from your kids may become less hard on you over the years, but it still hurts. There are some things that you and your ex can do to make sharing your kids during this holiday season a bit more pain-free for all parties involved though.
Florida child custody matters are often complex. A parent who petitions a judge to relocate to another city or state only makes matters worse. Some relocations may be unavoidable for you, but that doesn't mean that a judge will rule in your favor though.
If you are a victim of domestic violence, then you probably want to do everything possible to keep your child from potentially being subjected to ill-treatment at your abuser's hands. You may think that keeping your child from their other parent will ensure that this happens. Sadly, Florida judges don't always see things the same way.
Just last month, a George Washington University (GWU) Law School professor authored a report in which she outlined how fathers are often awarded custody of their children despite being accused of abuse.
Many babies are born to both married and unmarried Florida parents each year. Children born to moms and dads that have taken the plunge are automatically considered to belong to both of them. The same can't be said about babies born to unmarried parents. Maternity is automatic when a child is born. Paternity must be established if a dad wants to have visitation with or gain custody of their son or daughter.