Child custody law varies on a state-by-state basis. What applies in Ohio might not apply in California. As a parent going through a divorce, it is important that you understand your state’s custody laws, and how to get custody of your child.
In Florida, child custody is determined by the courts in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act. This addresses both the physical and legal care of the children involved in a divorce, and is used to determine what is in their best interest.
Under Florida law, child custody refers to the maintenance, care, and control of a minor. When establishing custody, there are two main types of custody that are established: legal and physical.
If a parent is granted legal custody, they will be able to make educational, disciplinary, religious, and medical decisions for the child. Furthermore, physical custody is granted to the parent with whom the child will live.
Additionally, Florida courts may grant sole custody, in which one parent is granted custody, or joint custody, in which both parents share custody.
Under sole custody, only one parent is granted both legal and physical custody of the child, or children, in question. On the other hand, joint custody, which is called shared parental responsibility in Florida, indicates that both parents must agree with all decisions made on the child’s behalf. If joint custody is granted, one parent will be given primary custody, while the other parent is given visitation rights. This is meant to establish a primary home, school, and physician so that the child is able to have stability.
When dealing with child support, Florida courts will examine both parents’ income as well as the number of children they have when determining how much child support to issue. In some cases, the court will decide to place some of the parents’ assets into a trust for education or support.
If you are required by the court to pay child support, you must continue to pay until the child either finished high school or turns 19. However, in special cases, you might be required to pay child support for a longer period of time.
Lastly, it is important to understand that you are not locked into the amount of child support issued by the court. For example, if you experience a drastic increase or decrease in your income, the amount of child support you pay may adjust accordingly. This is known as a child support modification. Additionally, if the needs of the child change, so might your child support payments.
Whether you are interested in learning how you can get custody of your child, whether or not you are eligible for child support payments, or have any other concerns about your child’s custody in Florida, it is important that you seek the advice of an experienced family law attorney.