State Florida Child Custody Laws
What You Should Know About Child Custody Laws
Child custody laws vary from state to state. However, when looking into child custody laws, there are some general laws that apply. It is important that when dealing with a custody case, you have a full understanding of how the different laws will affect your individual case.
Most often, the court that has jurisdiction over the divorce proceedings, also has say so in the custody of the children. Whenever a child is born to parents who are married, they both have equal legal rights to the custody of the child should they separate.
The most important consideration in a child custody case is what is in the best interest of the child. The child’s well being takes precedence over the parents wants and desires. Some states believe it is in the best interest of the child to maintain frequent contact with both Mom and Dad. Often times, the parent who is able to be the most supportive of this notion is appointed as the custodial parent.
The custodial parent is the term used for the parent who spends the majority of time with the child. Therefore, a non-custodial parent is the term used for the parent who spends less time with the child. Most states have an arrangement is place, should both parents disagree on custody of the child. Often times, the parents are required to attend mediation in order to work out a visitation plan that both Mom and Dad can agree upon. With mediation, the parents meet with a neutral third party, who then helps the parents to try and resolve their differences, as they relate to custody.
However, if mediation fails, the parents can then take matters into court. They can present both sides of their cases to the judge and let him or her make the final decision as to the custody of the child.
Child custody cases can be extremely difficult and expensive. A mutual agreement is preferred, since joint custody is more likely to be utilized, than if a judge were to make the decision for the parents.
There are many factors that come into play in the case of child custody. Since the laws vary from state to state, it is important that a local lawyer be consulted. Be sure to familiarize yourself with the laws of your state, before going forward with a child custody case.
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Comments on State Florida Child Custody Laws
I have a 10 year old son who is very bright, is in all advanced classes and has skipped one grade of school. His Mother is an addict, she lost her job for the second time in 6 years for stealing pills. she is out of the house and my son chose to stay with me, she wants to pick him up for the weekend but I do not trust she will bring him back, she did sign parenting plan according to my sons wishes but now says she won’t go along with that paper work and it has not gone to court yet, do I have any options and what is the age of a child in Florida when they can choose which parent they wish to live with. Sincerely Burn S. Bowen
The following information is purely from my own experience and research on the issue, and does not constitute legal advice:
Generally speaking, in most states, a child under 18 does not have the right to choose with whom they will live, regardless of how old the child is, although many people mistakenly believe that there is a specific age at which children can make that choice. Some courts will, however, consider a child’s wishes when adjudicating custody and timeshare, if the child is of an age to rationally articulate their preferences.
The primary concern of a court is the “best interests of the child”, which in your case is likely to be influenced by the child’s mother’s addiction issues.
If you wish to obtain a professional opinion from a legal expert, one place to start would be through the JustAnswers banners you can find on the home page of this site, via which you can submit your detailed family law question to a variety of legal experts from whom you can choose to answer your legal question. This can be a very cost effective way of obtaining a legal opinion.
Alternatively, you should seek the advice of a lawyer in your local area. If you choose to go down this route, my best advice to you is to meticulously document all details relating to your son’s parenting plan, his mother’s visits and her background – be careful to stick to the facts. Keeping written documentation will be of great help if and when the matter reaches the courts.
My girlfriend Lives in Florida. Her mom is twenty nine, and addicted to drugs and her dads in jail for driving with a suspended license. His license was suspended due to his failer to pay child support. Since her mother is unfit, she decided to sign guardianship over to one of her cousins, however, her father doesnt like where shes living. She sixteen years old. He tells her he is cming for her when he gets released from jail. He doesnt have cutodyof her and she doesnt want to live with her father. Can he legally take her away with out any trouble or does he have to bring it to court and ight it out ? And does She have any say in this ?
If your girlfriend’s cousin has legal guardianship and her father does not have custody, then I would not think that he has any legal right to simply take her away – at least not without taking the matter to court first.
The way you have described the situation, it sounds like more of a potentially criminal matter. If your girlfriend is in fear for her safety, then she may wish to look into taking out a restraining order (also called an “injunction of protection”) which is free in the state of Florida, and quite simple to apply for. Under Florida law “domestic violence” is considered any form of assault, aggravated assault, battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, and any physical harm or death that was caused by another house hold member. In order to file for an injunction you must have had at least one of these forms of violence committed toward you, or have reason to fear that they will occur.
If you choose to go down that path, please visit the website below for further information:
http://www.womenslaw.org/gethelp_state_type.php?type_name=Courthouse%20Locations&state_code=FL