Physical custody is the responsibility of a parent to provide their child with a home and daily care. When parents are married or otherwise live together, these duties are generally shared. Following a divorce or separation, the legal system will ultimately determine how this arrangement is handled.
You have rights as a parent, but enforcing them starts with hiring the right timesharing attorney to fight for you. There are challenges that come with custody cases, but you may be able to secure physical child custody in Florida with our help.
What is Physical Custody?
In Florida, “physical custody” is a term that is largely outdated among family court judges and attorneys. In general, the word “time-sharing” has taken its place. Time-sharing is the amount of time each parent is able to spend with a child they share. The courts must make a decision regarding this arrangement in situations where the parents divorce, separate, or were never married.
When the courts make a custody determination, they will decide which parties have the primary responsibility to provide a home for their children. In some cases, a judge might award sole physical custody. This means that one parent has the exclusive right to decide where the child lives, and they will spend most of their time with that party. The courts have the power to award parenting time to the non-custodial parent, which might involve mid-week or weekend visits.
That said, the law generally prefers that both parents play a role in the life of a child. Judges will typically award some form of joint physical custody, which is an arrangement where both parents get substantial time with the child after the divorce. The goal in this scenario is to give both parents roughly equal time.
How Courts Make a Decision on Custody Rights
Judges in Florida have the authority to enter an order for physical custody, but they are required to act in the best interest of the child. This means they must follow a number of important factors when reaching a decision. Some of the issues they must consider include the following:
- Any history of abuse or neglect
- The willingness of the parents to cooperate
- The physical and mental health of the parties
- The preference of the child
- Ability to provide a suitable residence
Parenting Plans
A parenting plan can play an important role after a Florida court makes a determination on physical child custody. This is especially true following a joint custody award, as it can help avoid misunderstandings and facilitate smooth transitions from one parent to another.
A parenting plan is a written document that is typically agreed upon by the parties and approved by the court. It sets out all of the details regarding custody of a minor child, starting with schedules for time-sharing. Parents with joint custody might agree to spend a week with one parent followed by a week with the other, but alternate options are also available.
Learn More About Florida Physical Custody Laws Today
If you are involved in a dispute over parental timesharing, it is important that you have the support of strong legal counsel. The Florida Probate & Family Law Firm is here to give you the best chance at a favorable outcome in court. Contact us immediately for a free case evaluation to discuss physical child custody in Florida.