When two people are forced with divorce, children are the ones who usually end up suffering the most. The question of custody is never easily settled, and most parents will fight to get custody of their children.
Every state in the US has similar but somewhat different (specific) rules and regulations regarding child custody. If you live and are divorcing in Florida, you should be familiar with the following regulations concerning child custody and divorces. For more information, feel free to speak with one of our Fort Lauderdale Child Custody Attorneys; give us a call and schedule a free initial consultation today.
In Child’s Best Interests
Almost all decisions regarding child custody are determined by the courts. Before every decision is made, the child’s best interests are taken into consideration. The court will never rule in one parent’s favor if that affects the child’s general wellbeing and happiness. That is why these things are difficult to process, as both parents love their children equally.
The court will take the following into consideration before the final decision:
- Each parent’s financial status
- Each parent’s medical coverage
- Each parent’s social status
- Each parent’s ability to provide for the child
- Is alimony awarded to one of the parents?
- Does one parent have more assets than the other?
- Will the parent have enough time to spend with the child?
Joint Vs. Sole Custody
In Florida, there are two types of custody arrangements:
- Joint custody (when custody is awarded to both parents)
- Sole custody (when custody is awarded to one parent)
With sole custody, one parent is always granted the legal and physical custody of a child. That parent is responsible for the child’s education, health, and wellbeing in general. The other parent has no right to visit the child unless special circumstances and approvals are granted by either the court or the social service agency.
In a joint custody scenario, both parents have both the physical and legal custody of a child. However, their custody is not 50-50. One parent is named the primary joint custodian, and the other parent is granted visitations. This way, the child has a primary residence, a designated physician and goes to the same school, without having to switch it every now and then.
Everything is done so that the child’s future and wellbeing are protected. The court will take everything into consideration, and no matter how hard it may be for the parents, they have to understand that it is their fault for the entire divorce.
If the custody is awarded to the parent who is financially in a worse spot than the other parent, the court may award child support to the custodial parent. The amount of child support is determined initially and can be changed over time.
Consult with Child Custody Attorneys in Fort Lauderdale and seek legal advice and guidelines before filing a divorce. See how it can affect your child, and if you are in a good position to fight for the custody of your children.