This is the next article in my series addressing common questions about child custody laws in Melbourne and throughout Florida. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney as soon as possible if you are involved in a family law dispute. It is important that you speak with counsel sooner, and not later, as waiting to do so can create additional problems in your case. In this article I will explain how custody (also known as “time share”) is defined in our state. If you are in need of assistance then contact my office today to speak with a lawyer.
Florida divides child custody into the categories of “legal” and “physical”
Florida is like most states in that it divides custody into two categories. The first is “legal custody” of the child and the second is “physical custody.” The first of these categories deals with the ability of a parent to make legal decisions and to access information which involves the child. Examples of legal decisions include consenting to medical care, enrolling the child in school, and other situations which require one to be a legal guardian. Florida will grant parents joint legal custody except for in what are extreme circumstances. Unlike some other states, however, ours may grant one parent the ability to “veto” the choice of another parent. Physical custody determines which parent the child will spend their time with. In a joint custody arrangement, each parent will share equal time with the child. If one parent has primary custody, then they will have the child the majority of the time and the other parent will receive visitation.
Florida judges will typically begin a case with the presumption that parents should have joint legal and physical custody of their children. As mentioned above, joint legal custody is typical except for extreme circumstances (such as a parent being incarcerated or one having a history of abusing the child). The Court will grant a parent primary custody if it is in the best interest of the child. I have previously discussed how a Court determines a child’s best interest in an article on Florida’s joint custody laws. As I mentioned in that article, the Court will consider the wishes of the child (depending on their age and maturity level), the relationship between each parent and the child, any history of domestic violence, and more. If the child’s best interests are served by granting a parent primary custody, then the Court will do so.
The Court will be concerned with objective evidence when a Melbourne parent requests primary custody
If a parent wishes to request primary custody of their child then it is important to understand that the Court will only concern itself with objective evidence or that which is credible. The Court will often disregard generalized claims that the other parent is “bad” or claims that are without any type of support. If, for example, a parent claims that their counterpart has a drug addiction then the Court will often disregard this claim if the individual has no history or narcotic-related arrests and can pass a drug test. If, however, the individual has previously been arrested for possessing narcotics then the Court would be more likely to take the claim seriously. How the Court will consider any piece of evidence, and rule in any particular case, will always depend on the facts of the case.
If you are involved in a legal dispute then contact my office today to speak with a Melbourne child custody lawyer. I practice exclusively in the area of family law and I recognize the serious nature of such matters. My office works to provide the highest level of service and we will give your case the attention it needs and deserves. We look forward to speaking with you. We also service clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.