Florida Child Custody Laws:
Florida child custody laws have changed significantly in the past 3 years and many parents should be aware of these changes to be better prepared to handle their parental responsibility. Parenting plans now govern the majority of all child custody issues. Neither parent is “awarded custody” which has been replaced by “time-sharing”. The responsibility for raising a child in Florida ends on the child’s 18th birthday or when the child graduates from high school by age 19.
Parenting Plans and Parental Responsibility
A parenting plan is a documents to establish parental responsibility for the child. It establishes the roles of each parent when it comes to making decisions in regards to child education, health care and physical, social and emotional well-being. It also must include a time-sharing agreement for the parents. The parenting plan can be developed by and must be agreed to by both parents.
Related Florida Statutes:
F.S.A § 61.13(2)(b)
F.S.A § 61.046(13)
Sole Parental Responsibility and Shared Parental Responsibility
Sole parental responsibility (sole custody) is when one parent makes decisions regarding the child’s welfare without the other parent’s input. This is typically used in a case where shared responsibility is harmful to the child (especially in situations of abuse). This may also impact time-sharing (if there will be any at all). Shared parental responsibility is when both parents have full parental rights and responsibilities regarding their child. All decisions will be made jointly as the parents communicate in regards to their child’s welfare.
Related Florida Statutes:
F.S.A. § 61.046(17)
F.S.A. § 61.13(2)(c)(2)
F.S.A. § 61.046(16)
F.S.A. § 61.13(2)(c)(2)
Time-Sharing in Florida
A time-sharing agreement will establish a time-sharing schedule for each parent and child. A time-sharing schedule describes the methods and means in which each parent will communicate with their child via telephone, email, etc. One parent will have physical custody of the child while the other parent is awarded generous visitation. Florida family courts prefer a shared custody agreement in which both parents have liberal time with their child.
Related Florida Statutes:
* F.S.A § 61.046(22)
Relocation and Child Custody in Florida
In court matters a Florida court will agree to one parent relocating with a child if both parents sign a written agreement of consent to relocation, detailed explanation of the time-sharing agreement for the non-relocated parent and other persons entitled to time-sharing and description of the transportation arrangements. In court matters the relocating parent would serve a petition to the other parent describing the address, telephone number, and description of the new residence, the date of the move and reasons for the move.
Modification of Child Custody in Florida
Modification of a child custody order in Florida will not occur unless a parent or a third party can show a substantial, material, or unanticipated change in circumstances. The modification must serve the child’s best interests.
Florida Child Custody Revocation
In certain cases temporary custody may be obtained by a parent or extended family member in the case of a divorce. Temporary custody may be revoked by drafting a petition to parent the child. Speak to your family mediator regarding this issue.
Florida Child Custody Forms
Your Florida Family Mediator will provide all necessary Florida Child Custody Forms for parenting plans, parental responsibilities, time-sharing agreements and other child custody matters. As of 2017, Matthew Brickman now offers family mediation services in the Greater Fort Lauderdale and Greater Miami area with no additional travel costs.
Child Custody Mediation
Our family mediators know how challenging family conflict can be involving children and how their safety and well-being can have a tremendous affect on their lives. Child custody mediation is more advantageous than traditional litigation since it eliminates the costs, stress and embarrassment of dealing with these matters in a traditional courtroom setting. We keep both parties focused on a common goal to create a family plan that protects every member of the family.