Can I Get Sole Custody of My Child in Florida?

In Florida separations and divorces, child custody is a very contentious issue. Ideally, children should never be brought into disputes between their parents but sadly, one parent or another often does involve children in their disagreements. For example, if one parent angers the other, the angered parent may prevent the other party from visiting with their child. In other cases, one parent may threaten to strive for sole custody. In some, but not all instances, this may be possible but that is rarely the case. Below, our Tampa child custody attorney explains further.

What is Sole Custody? 

Before understanding if a parent in Florida can obtain sole custody, you must first understand what custody means. When people speak of sole custody, they are often talking about physical custody. The Florida Statutes banished the term ‘custody’ nearly two decades ago. Today, physical custody is referred to as ‘time-sharing’. A time-sharing schedule then dictates how much time each parent will spend with the child.

Legal custody is another type of custody. In Florida, this is known as ‘parental responsibility’. Parental responsibility refers to the parent who can make important decisions for the child including where they go to school, the religion they are raised in, and more.

In most cases, the family law courts in Florida begin any custody case with the presumption that shared custody is in the best interests. In these arrangements, each parent will spend an approximately equal amount of time with the child, and both parents have the right to make important decisions for the child. While shared custody is typically the preferred option, there are times when a parent may be able to obtain sole custody.

When Can Parents Get Sole Custody of a Child? 

Obtaining either sole parenting time or parental responsibility of a child in Florida is not easy. Generally speaking, the courts do not look favorably upon parents who try to limit visitation time with the other parent, or who do not involve them in making decisions for the child. Still, there are some instances when sole custody can be awarded in child custody cases.

To obtain sole custody, you must prove that joint custody is not in the best interests of the child. These are the only factors a judge will consider. They will not consider the preference of the parents. To show that shared custody is not in the child’s best interests, you must show that the other parent is abusive, has a substance abuse problem, or there is another issue that would cause the child harm. This is a very high standard to meet and so, if you believe you deserve sole custody, it is critical that you work with an attorney.

Call Our Child Custody Attorneys in Tampa Today 

While obtaining sole custody of a child is possible in Florida, it is definitely not easy. At All Family Law Group, P.A., our Tampa child custody attorney can help you prove your case to the court so you obtain the most successful outcome. Call us now at 813-672-1900 or contact us online to schedule a free consultation and to get the legal help you need.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html