This is the next article in my series on the question of “what rights does a married Florida father have?” My last post 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 or a loved one are involved in a family law dispute. It is important that you speak with counsel as soon as possible as waiting to do so can result in the Court finding your current situation to be the norm. This could mean that a more permanent custody order would be reflective of your current situation. In this article I will specifically discuss the custody and visitation rights of married dads. If you are in need of assistance then contact my office today to speak with a Melbourne lawyer.
Florida grants a married Melbourne father rights which are equal to those of the mother
Florida is like many other states in the country in that Courts must begin each case with a presumption that joint custody (also known as “time sharing”) is in the best interest of the child. This means that the Court must begin each matter under the assumption that custody will be equally shared. The Court will only vary from this presumption if it is shown that joint custody would not be in the best interest of the child. When deciding what is in a child’s best interest, the Court will consider factors such as the wishes of the child (depending on their age and maturity level), the history of the child’s relationship with each parent, whether there is a history of domestic violence, and more. The Court need not weigh all of these factors equally when making a decision. This means that one factor alone can form the basis of the Court’s decision while, in other matters, the Court may weigh each of the factors in their totality.
Florida’s granting of equal rights to fathers and mothers can be problematic in situations where the parents have separated but have not filed for divorce. In such situations, possession essentially becomes the law. By this I mean that if a parent has the child with them, then they cannot be forced to turn the child over to the other for visitation. This can become chaotic, and bad for the child, for obvious reasons. As such, parents who will no longer be living together may wish to file for divorce so that they may obtain a custody order from the Court.
Melbourne, Florida parents may wish to file for divorce as soon as possible if they will no longer be living together
While all situations are different, and should be considered on the basis of their own facts, parents may wish to file for divorce as soon as possible if they have decided that they will no longer be living together. As I have previously discussed, Florida does not recognize the idea of “legal separation.” This means that, unlike many other states, it is not possible for parents to gain a custody and visitation order from the Court while they are still married. The only way to gain such an order would be to file for divorce. While it is true that married, but separated, parents can draft a postnuptial agreement, such agreements are not able to deal with child custody. This means that separated parents have no way, other than filing for divorce, to have a set visitation structure in place while they are ending their marriage. It is strongly suggested that you discuss your specific situation with an experienced attorney in order to understand all of your options.
If you are a separated father then contact my office today to speak with a Melbourne lawyer. My office practices solely in the area of family law and this includes child custody. I understand the importance of making sure that such matters are handled correctly and my office will give your case the attention it deserves. Contact us online or by telephone today. We also serve the 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.