Child custody matters are some of the most contentious issues brought up during divorce in Florida. Understanding the different types of child custody and how they function is important for preparing yourself for your divorce case. In this article, the Tampa, FL child custody attorneys at Westchase Law, P.A. will discuss the different types of child custody in Florida and go over some basic definitions that you should know.
Physical and legal custody in Florida
Physical custody refers to how much parenting time the parent will get with their child. In other words, it describes the physical possession of the child and the right of access to the child. In Florida, parenting plans are created to decide when each parent will spend time with the child. This includes schooldays, weekends, holidays, special occasions, and more. Parents who have physical custody of a child have the responsibility of providing a suitable home environment, protection for the child, and more. Parents with physical custody can make day-to-day decisions on behalf of the child.
Legal custody, on the other hand, refers to a parent’s right to make major life decisions on behalf of the child. These decisions include which religion the child will be raised in, major healthcare decisions for the child, and where they will go to school. Legal custody refers to the authority to make such decisions on the child’s behalf.
Sole and joint custody in Florida
When there is a dispute over child custody, it is not uncommon for one parent to petition the court for sole custody of the child. This refers to legal custody, not physical custody. A parent without legal custody can still visit their children and be a part of their lives, but they do not have the authority to make major life decisions on behalf of the child. That power rests solely with one parent.
It’s important to point out here that the Florida courts presume that it is in the best interests of the child to have both parents be an active part of their life. For that reason, a parent who is petitioning the court for sole custody of the children must provide ample evidence that the parent is unfit and it would not be in the child’s best interests to have that parent making decisions for the child.
In a sole custody arrangement, the child usually spends most of their time with one parent. Again, Florida has a presumption that it’s in the child’s best interests to split time between both parents.
Joint custody, on the other hand, refers to a situation in which both parents have legal decision-making power over the children. In these cases, the time that the child spends with both parents is roughly equal. The parents will need to come together and decide on major issues concerning the child’s life.
Talk to a Tampa, FL Child Custody Attorney Today
Westchase Law, P.A. represents the interests of Florida residents who are in custody disputes with their former spouses. Call our Tampa family lawyers today to schedule an appointment, and we can begin addressing your concerns right away.