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
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.
Bushrod: Firstly, I am very sorry to hear about your son. Regarding your three year old granddaughter, you will find that each state has different laws regarding visitation rights. Of course it will pay to know exactly where you stand, and the advice of a specialised child custody lawyer would be beneficial. You can use the Just Answer banners on this site as a very cost-effective way of obtaining quick legal advice, but just be sure to provide them with as much relevant information as you can about your own situation and that of your grandchild’s mother – courts look at such aspects as personal and financial stability, when custody issues do arise.
Above all else, I would personally recommend to try and remain on good terms with the mother of your grandchild. If you do face a legal dispute over custody at some point in the future, both parties will find that the court process can be a very stressful and potentially costly exercise. Your best option is always to avoid a legal process if at all possible, and that can best be achieved through good, calm and respectful communication between all parties involved. I wish you and your granddaughter the best of luck.
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?
Michelle: If your husband has been granted primary custody, then his rights in this matter would typically not change without a new court order being created. It is possible that the court may decide that the mother of your husband’s son is in breach of the existing custody arrangement, though this is at their discretion.
However, once your husband’s son turns 18, this is the age at which most states consider that he has the legal right to decide whereabouts he will live. Unfortunately, your options then become more limited if he chooses to remain with his mother. At this point in his life though, a decision made by a teenager is not likely to be final, so don’t lose hope. I would personally recommend you to maintain regular contact and to ensure that the communication between father and son remains positive, which will help to facilitate a return in future if he feels the need to come back to his father.
The question of liability can only be addressed by a Child Custody lawyer in your area, and quick legal advice from a legal professional can be sought via the Just Answer interface at this site. As your legal custody situation is very likely to change in six months time, and a resolution through the courts can be a time consuming process, it would be advantageous to speak with a lawyer and/or counsellor in your local area as soon as is practical if the relationship with your step-son has not improved.
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
@Nicholas: 1 day a week would be ~14.28%, and if you’re saying you have custody every 2nd weekend (2 days), then that’s 3 days out of 14, equalling ~21.4%.
Assuming 4 weeks = 28 days
+ 1 day per week, every week (52)
+ 1 additional day every other week (26)
= 108 days, out of 365 in a year.
By my calculations, this would represent approximately 29%.
My fiance has share custody with his ex-wife. His daughter and son stay with him all the time but are to visit their mom every over weekend. Part of the agreement was she meets halfway but most of the time she complains about not having gas. Now his son does not want to visit her anymore except to say hi. He is 8yrs old and begs us not to take him there. What can we do for him?
My son is 10 years old and he wants to live with me and before I when to Jail for 5 months he lives with me from the time he was born me and my ex husband got a divorce when David was 10 months old and he’s lived with me ever since no my ex husband wants custody of my son and he says he can get it because of my past and I want to know if my son can pick who he wants to live with and what age does he have to be to do that.and can my ex husband use my past against me when I have a stable home and a clean environment and I’m a clean and sober person
The age at which your son can decide for himself is when he is an adult. Having said that, the courts will take his wishes more seriously the older he gets (as should the parents).
My ex was named as the primary parent during our divorce 3 years ago however, after losing her home back in October, the children came to live with me November 1, 2013. They are now students in Orange County public schools (elementary and middle) and have lived with me continually since then. Now, she wants to uproot them and move them back to Lake County because she found out that I was about to have the child support payments that she was still receiving from me suspended. It seemed to make sense to me that the money should be where the children live. She was in fact keeping it for herself and now only wants to move them back to her home so she won’t have to pay child support payments. Is there any reprieve for me? Is there any law that prevents her from making such a drastic change in their life again so soon?
The courts are unlikely to look favourably on the mother disrupting the lives of the children like this but it’s hard to know without having access to the complete story. I suspect you’re going to need to get a professional involved (and quickly) unless you can work things out amiably with their mother, which is far better (and much cheaper)
I’m a 14 year old male. My parents are divorced and have split custody of me. I switch back and forth between their houses every week. I would like to live with my father full time. Is there a legal process to do this? Thanks!
Until you are an adult this decision technically always lies with your parents and/or the court. Having said that, by 14 the courts will take your wishes seriously (as should your parents).
Question: how likely is custody for father here: a child born to married parents AND lived with maternal grandmother for 5 yrs while mother was making poor decisions and father picked up child 4 days a week for his shared time NOW was under trial living with mother for better school district. Father initiated divorce and has had child 4 days a week, now a 50/50 split revolving between mother and father no more grandparent involvement except during mother’s time. Is best case senario 50/50?
My daughters father got arrested in 2010 for hitting the mother of his first child in 2014 he attacked me and was arrested he was o not supposed to contact me but called me from prison and emailed me begging me not to press chargers cause he would lose his job and then wouldn’t be able to do anything for our daughter. So like a lot of women who fall for the I was under the influence didn’t mean it act… I dropped chargers . And told him to get help. Now that he’s on his feet he’s trying to get 50 percent custody have her spend nights .. she’s 2…since I told him us being a family will never happen cause he won’t stay consistent in getting help . Now I’m scared since he doesn’t think he needs help she will suffer as I did… what are the chances of that?
My 14 year old daughter wants to come live with me and attend the high school in my area but her mother said she doesn’t have a choice, that she will remain with her and there is nothing that will change that. I want her to come live with me. Do I have a chance in court against her at getting custody. I have a stable living environment and im capable of taking care of her just as good as her mother.
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I need some advice about my youngest child that has been living with my mother for 3 years of having temporary custody till I was able to get back on my feet and I have. Now my mother don’t want to give my child back to me or let me get summer rights because I live out of state .But this was the best choice for me and my kids. My daughter does not have a father . I am her only parent. Am I allowed to take my child back home with me?