State Florida Child Custody Laws

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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 Leave a Comment

April 11, 2012

Burn Bowen @ 2:51 am #

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

October 14, 2012

Yoseph Stephens @ 5:45 am #

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 ?

October 16, 2012
June 10, 2013

Bushrod @ 11:41 pm #

I live in Louisiana and just found out that I have a granddaughter in florida 3 years old that my deceased son left behind not knowing of, I very much want a relationship with her and have made several 500 mile weekend trips to visit her. But I need to know my legal grandparent visitation rights in case issues arise.

August 20, 2013

michelle @ 3:06 pm #

My husband has a 17 yr old son he will be 18 in 6mos. . The court has given my husband and his sons mother shared parental rights but gave my husband primary residential custody. Meaning he would live with us. His son has drug issues and refuses to abide by his rules. He ranaway and wants to live with is mother he refuses to come back. We tried to help him as much as we could. Do we have to go to court to make that happen? and will my husband be held liable if he lets him stay with his mother?

September 14, 2013
October 9, 2013

Nicholas @ 2:30 am #

If I have one day a week and every other weekend and also 4 weeks in the summer how much percent of custody is this

November 15, 2013

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