child custody in florida
Marriage related background checks can give you full disclosure on a person’s past as it relates to marriage and/or divorce. Most marriage and divorce records search sites compile their data from state and local government agencies, as this information is considered open to the public, and freely and legally shared over the internet. The best sites will gather data from multiple sources to achieve the highest ration of return on Florida divorce records searches possible. Other searches which can be used with some success include going to the courts themselves or to churches.
If you wish to conduct your search in person in the hopes of tracking down official certified documents, you’ll need to know in what state and area the marriage took place in, or at least take a guess and begin there. Only the court or church where the marriage/divorce was conducted will have records of the official documentation. If you don’t know this information, you also have the option of searching public records online through the county registry for Florida divorce records, which you can attempt with as little information as a name, though the more information you have on the parties involved in the marriage/divorce, or the dates surrounding it, the better off you’ll be at obtaining information quicker, and with more accuracy.
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Of all the issues addressed during a divorce, nothing is more important and more emotional than establishing parents’ visitation schedules and rights. Fair or not, mothers are often granted more share time with their children after a divorce. With such broad control of their children’s activities and plans, it is no wonder that many fathers feel as if their hands are tied when it comes to enforcing their visitation rights.
It is unreasonable for either parent to expect the other to adhere to strict time requirements of visitation terms each and every time; one must allow for things such as illness, taking a nap, etc. However, if the mother’s level of control of the children extends unreasonably, so as to interfere with pre-determined visitation schedule, then the father’s visitation rights may have been violated. In the best interest of the children’s welfare, it is of the utmost importance that all parties fully understand and adhere to the visitation rights, as outlined in your divorce decree.
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The Florida Statutes and Family Code give clear information about how child custody cases are handled in the state. Title 6, Chapter 61: Dissolution of Marriage, Support, and Custody contains the specific information about the laws and guidelines that determine child custody arrangements. In this chapter, it states that the parenting plan must “describe in adequate detail…the time-sharing schedule arrangements that specify the time that the minor child will spend with each parent”. This means that Florida law places the utmost importance on a good child custody and visitation schedule. As parents make this time-sharing schedule, they must familiarize themselves with parts of the custody laws. Here are some laws that can help parents create their schedule.
1. The parents must both have adequate time with the child. Chapter 61 states that the minor children should have “frequent and continuing contact with both parents after the parents separate”. So, when a mother and father create a custody schedule, they should be sure to give enough time to both parents to be with the child. A Florida court will not accept a schedule where one parent is given all of the time. Parents should look at the needs of the children and figure out how to best allow both parents to be involved. The law further encourages parents to share all aspects of childrearing. To do this, each parent should have long enough visits to bond with the children and to perform different responsibilities and be involved in different aspects of the child’s life.
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Family law is not something you should tackle alone. The most important thing in your child custody case is to find a good attorney. Most people will start looking with a quick internet search; Googling something like “Florida child custody lawyer” or “Florida family law attorney”.
There is nothing wrong with starting out your search this way. The problem is many people end it there as well.
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Before a permanent custody and visitation order is issued it is common to have a temporary custody and visitation order issued. Parents may agree to visitation schedules and other restrictions that they would not agree to if the order were going to be permanent. But what does “temporary” really mean. Here’s what you need to know.
The fact of the matter is that when parents first get started in a child custody and visitation case they can get lulled into a false sense of security. They want to make things a simple. Pleasant and easy as possible. They want to play nice and words like “temporary” are taken at face value. Parents are willing to agree to actions that they wouldn’t agree to if the order were permanent, (like moving out, and taking the child only on the weekend) until a full hearing can be held.
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The best method for anyone seeking a court ruling on child custody is to fill out all of the necessary forms as accurately and completely as possible and work out as many of the details as possible before attending a court hearing.
In all custody determinations, throughout Florida statutes is stated that the court will determine child custody based solely on the best interests of the child. Therefore anyone seeking to gain custody of a child needs to analyze what is in the best interests for the child in order for the case to be successful.
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The Florida legislature recently enacted laws that abolished the concept of “primary” and “secondary” child custody as well as “visitation.” The court system was overwhelmed with parents who were fighting not only about at whose home the minor would spend most of his time, but also over who should have the title
of primary custodian. Many believed that, if they were deemed the “secondary” custodian, then they were also a second-class parent. Further, many parties resented that they had to “visit” the child rather than live with or spend time with their kin. In an effort to help parents avoid fighting over semantics, the Florida legislature adopted the concept of “time-sharing” to replace the old regime of awarding custody to one parent or the other.
The Florida Legislature also modified and expanded the factors that courts must consider when making a determination on the issue of time-sharing. The overriding concern remains the best interests of the child. There are now twenty factors for consideration, some of which are highlighted below:
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What is the definition of child custody in this state? Who is entitled to that custody? Which state has jurisdiction and can children be moved out of that state? What can the party do if a spouse or ex. is in danger of removing the child from the court ordered environment.
Custody, in Florida means being responsible for the needs of a person under the age of 18; this can be further defined by the physical care and supervision of the child. The custodian has a court order for the right of physical custody along with the duty to rear, keep safe and discipline their charge.
Medical, food, shelter, education and other material needs are to be provided.
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