Are There Different Types of Child Custody in Florida?

When people think of child custody, they often first think of physical custody. That is, how much time each parent will spend with the child. While this is certainly one type of child custody in Florida, it is not the only one. In Florida, one or both parents can also obtain legal custody, which is entirely different. Below, one of our Tampa child custody attorneys explains further.

Physical vs. Legal Custody in Florida 

Physical custody refers to how much time a parent will spend with their child. In Florida, parenting plans are created to determine when each parent will spend time with their child and they outline where the child will spend holidays, special occasions, and more.

Parents who have physical custody of a child have a responsibility to provide a suitable home environment, protection for the child and any required amenities. Parents with physical custody can also make day-to-day decisions for the child.

Legal custody, on the other hand, refers to a parent’s ability to make major life decisions for the child. Parents who have legal custody can determine which religion a child will be raised in, the medical treatment they will receive, where the child will go to school and more.

Furthermore, the major life decisions to be made for the child can be shared by the parents.  Or if one parent is not capable of making decisions for the child for whatever reason, then the other parent would make all of the decisions.  This is often referred to as sole parental responsibility.

Having the authority to make these decisions is an important part of being a parent and so, it is important to fight for your right to physical and legal custody, although these rights are different.

Sole Custody vs. Joint Custody 

When two parents have a custody dispute, it is not uncommon for one side to want sole custody. However, at the beginning of any dispute the family law courts in Florida start the case with the presumption that it is in the best interests of the child for parents to have joint custody.

Joint physical custody refers to an arrangement in which both parents spend a significant amount of time with their child. The time the child spends with each parent is approximately equal. Joint legal custody refers to an arrangement in which both parents have an equal say when making important decisions for the child.

When a parent has sole physical custody, the child will spend the majority of time with them. The other parent will usually have supervised visitation rights in these situations. Parents who have sole legal custody have the right to make important decisions for the child entirely on their own.

Ideally, parents can reach an agreement on their own about child custody decisions. They can also create a parenting plan and as long as it is fair and in the child’s best interests, the court will approve it. If the parents cannot agree, the court will make the final decision.

Our Tampa Child Custody Attorneys Will Help with Your Case

If you have a child custody dispute, you need legal help. At All Family Law Group, P.A., our Tampa child custody attorneys can negotiate with the other side to help you reach an agreement so you obtain the best outcome possible. Call us now at 813-672-1900 or contact us online to schedule a free consultation and to get the legal advice you need.  Se habla español.

Source:

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