Child Custody Laws in Florida
After the changes made in 2008 to Section 61.13 of the Florida Statutes, "custody" as such does not exist. Instead, there is a parental responsibility and timesharing.
Parental responsibility refers to the authority to make decisions for the benefit of the children; it can be shared or given to only a parent (sole parental responsibility).
Time-sharing refers to how much time each parent will share with their children.
In addition, changes to this section include the requirement for a plan that covers these two areas. If the parties are unable to formulate their own plan ( "parenting plan") for any reason, then the court has the power and authority to make one after a trial to promote the best interest of the children.
Litigating custody issues can become quite expensive since you may have to retain other professionals to assist in proving to the court whatever it is you are alleging as the reason for receiving greater rights than the other parent.
Parental Rights in a Divorce in Florida and Paternity Cases Both parties have equal rights regarding their children, and neither is granted rights superior to the other unless you can prove (not just say) to the court that the parent has certain deficiencies which may affect the best interest of children.
In litigation over issues that affect children, Section 61.13 (link below) provides a list of factors that the court should consider in determining parental responsibility and time-sharing. If there are no allegations that can later be proven in court regarding factors that may be harmful to the best interest of children, parties are free to enter into an agreement regarding these matters.
It is worth emphasizing that false allegations of domestic violence made in court can be harmful to the party making such claim in order to distance the other parent from the children, especially if the allegations turn out to be unproven for any reason.
For more details visit the
Setion 61.13 at the Florida Legislature's web site.