Child custody law in Florida for divorces and paternity cases is really about parental responsibility and time-sharing with children. Custody as such is no longer a legal term in Florida. Instead, what used to be called custody is now parental responsibility and time-sharing.

What is Custody in a Florida Divorce

Parental responsibility refers to the authority you and the other parent will have to make decisions for the benefit of the children. It can be shared (shared parental responsibility), or given to only a parent (sole parental responsibility).

Time-sharing refers to how much time each of you will share with your children.

Florida child custody law requires a parenting plan that covers  these two areas. You and the other parent are encouraged to work together to put a parenting plan in place. If that is not possible for any reason, then the court has the power and authority to order a parenting plan that promotes the best interest of your children.

Litigating custody issues can become quite expensive. It isn’t a matter of just telling the court that you should have more time with the children. You will have to present evidence to the court as to why it is in the best interest of the children for you to have the time you are requesting.

Generally speaking, both parties have equal rights regarding their children. Neither parent is granted rights superior to the other. The only exception is when you can prove (not just say) to the court that the other parent has certain deficiencies which may affect the best interest of your children.

Some parents try to gain an advantage over the other parent by making false allegations of domestic violence. The parent making the false allegations can actually harm their case, rather than help it.

Child Custody When Filing for Divorce in Miami, Florida

In Miami-Dade County, the Family Court automatically provides guidelines and directions to you and your spouse if you have minor children of the marriage. This Order is often referred to as the Status Quo Order. The Order takes effect immediately when you file your case.  It provides Shared Parenting Guidelines, and addresses relocation issues when there are no orders or written agreements between the parties. 

The idea behind this Order is to provide stability to the children. It prevents either parent from interfering with the child’s relationship with the other parent when the case is filed. It is effective until it is changed during the case or by the final judgment.

Child Custody Law for Paternity

Paternity cases use the same statutes as a divorce with minor children. The same basic principles and cautions apply to a paternity case.

In a paternity case in Miami, Florida, the Status Quo Order can also apply. When the parties have lived together and then separate, the idea is to maintain a child’s relationship with both parent.

Florida Parenting Class for Divorce or Paternity

Courts also require parents going through the legal system to take a 4-hour course. The course is designed to stabilize the family while going through the process.  The requirement is authorized by Section 61.21, F.S.  The stated purpose of the parents’ divorce class is to address the short-term and long-term effects of parental conflict in divorce.

Aside from being required, the course provides you guidance to maintain a relationship with the other parent for the benefit of your child.

For more details on  parental responsibility and time-sharing, visit the child custody laws in Florida, Section 61.13,  at the Florida Legislature’s web site.

For more details on the required parenting class, visit  Section 61.21, at the Florida Legislature’s web site. If you want to start the parenting class, you can do it online and get your certificate of completion via email.

Have questions about child custody in a divorce or paternity?

Call us at 305-710-9419 or ask us to call you.