Disputes among parents can have a lasting impact on their relationship with a child(ren). Whether it is during divorce proceedings or between two people who have never been married, the court will ultimately determine the rights each party has over their children.
It is in your best interest to have a knowledgeable family attorney advocate on your behalf. By working with legal counsel, you can improve your chances of protecting your relationship with your children. Let a Florida child custody lawyer guide you every step of the way and push for a fair timesharing plan.
What is Parenting Time and Parental Responsibility?
Many people—especially those going through a divorce—are familiar with the concept of physical and legal custody. Respectively, they refer to the right to spend time with a minor child and to make decisions for them. Under Florida law, these concepts are known as parenting time and parental responsibility. A child custody attorney in Florida can provide answers on how a Judge will award these parental rights.
Parenting Time
This is the name given to the right to share time with a child. Also known as physical custody, a party who is awarded parenting time is allowed contact with their kid(s) during certain times throughout the month or year. This might involve providing the child’s primary residence or having them for specific nights and weekends. A Judge will typically split custody evenly between the parties unless there is a reason why doing so is not in the best interest of the child. In some cases, one parent might even have full custody.
Parental Responsibility
These rights are also known as legal custody, and they describe the power to make important decisions on behalf of a child. Parental responsibility covers a wide range of issues, including their healthcare, education, religious upbringing, and medical treatment.
Like with parenting time, the courts prefer to split these rights evenly when possible. Joint responsibility is an option even in cases where only one party is awarded parenting time.
How Judges in Florida Award Custody
Ultimately, any issue regarding the custody of a minor child is determined by a family law Judge. Florida law provides them with a standard they are required to use when making this decision: specifically, to consider the best interests of the children involved.
There are a number of factors that go into determining what is best for a minor. While a Judge will take into account the preferences of each parent, they are not entitled to a specific outcome. Instead, the parents’ wishes are combined with other important issues, including:
- Any history of domestic abuse;
- Financial issues;
- Health of the parents and the child;
- Special educational needs;
- Willingness to assume the role of a parent.
Depending on the age of the minor, the Judge might also take their wishes into account. This is only an option when they are at an age where they fully understand the impact their opinion can have. While the court may consider their view, a Judge is not obligated to agree to their wishes.
Reach Out to a Florida Child Custody Attorney Today
Your relationship with your child(ren) is likely one of the most important things in your life. Given what is at stake during these proceedings, it is crucial that you have legal counsel who will fight for you.
Now is the time to protect your rights. Contact The Florida Probate & Family Law Firm today for a free case evaluation to learn how you can influence a child timesharing determination.
