Child custody is a highly debated aspect of a divorce but whether couples like it or not, the court has the final authority to determine who will be granted custody of the children and to what extent. About 25% of children under the age of 18 live with a single parent, and gender disparity in child custody arrangements still exists, where custodial mothers outnumber custodial fathers by a ratio of more than 5 to 1.
According to child support attorney April Evans, the most important principle that a judge must consider when deciding custody cases is what the law defines as “the best interests of the child.” In California, they have to make sure that children have frequent and continuing contact with both parents after the parents end their relationship and to encourage parents to share the rights and responsibilities of child rearing.
In this article, we’ll talk about child custody and child support laws. From the different types of custody arrangements to the things that influence custody determinations, let us learn how these considerations play a role in protecting your child’s best interests, custody, and support arrangements.
Florida Child Custody Laws Overview
Like many states in the US, a child’s best interests are the most important thing in Florida child custody cases. The state encourages parents to share parental responsibility, also known as co-parenting, and work together when making decisions about their child. Many things are looked at by the court when deciding custody, such as how the child interacts with each parent, how well each parent can meet the child’s needs, and whether either parent has a history of domestic violence.
In Florida, there are two kinds of custody: legal custody and physical custody. Physical custody refers to where the child will live, while legal custody involves the right to make decisions about the child’s upbringing, including education, healthcare, and religious upbringing. A child custody modification lawyer says parents can have joint physical custody, where the child spends substantial time with both parents, or one parent may have primary physical custody with the other parent having visitation rights.
Types of Custody Arrangements
Different custody arrangements in Florida can impact how parents share responsibilities for their child’s care and upbringing. In Florida, two main types of custody are commonly recognized: physical custody and legal custody. Physical custody refers to where the child resides, while legal custody involves decision-making authority regarding the child’s upbringing.
Within physical custody, there are further distinctions. Sole physical custody means the child lives primarily with one parent, while the other parent typically has visitation rights. Joint physical custody involves the child spending significant time with both parents. Legal custody can also be sole or joint, with sole legal custody granting one parent the authority to make decisions about the child’s upbringing, while joint legal custody requires parents to collaborate on important decisions.
Factors Affecting Custody
In custody arrangements, the court aims to create a custody arrangement that serves the child’s best interests while considering their safety and well-being. In it, the court evaluates factors like:
- The moral character and mental and physical health of each parent.
- The capacity and disposition of each parent to provide for the child’s needs, including food, clothing, medical care, and education,.
- The length of time the child has lived in a stable environment and the desirability of maintaining continuity.
- The willingness and ability of each parent to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.
- Any evidence of domestic violence, child abuse, or neglect will also significantly impact custody decisions.
- The child’s preference may be considered if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
Child Support Guidelines
In Florida, child support is determined based on a formula that considers things like the income of each parent, the number of children involved, and healthcare costs. The guidelines require children to receive adequate financial support from both parents post-divorce or separation. Typically, the parent with the higher income may be required to contribute a higher percentage of the child support amount. Courts may consider deviations from the standard guidelines on circumstances like special needs of the child, shared parenting time, or other relevant factors for fairness in the support amount allocated to the child’s care. To calculate child support in Florida accurately, it’s advisable to use the state’s official child support calculator or seek legal advice.
Enforcement of Child Support Orders
In Florida, failing to pay child support can have serious consequences. If the non-custodial parent falls behind on payments, enforcement actions can be taken.
These actions may include wage taking, seizing tax refunds, suspending driver’s licenses, or even jail time for contempt of court. The Florida Department of Revenue Child Support Enforcement Program helps custodial parents collect child support by enforcing court orders to guarantee financial support reaches your child consistently.
You have to keep records of all payments received and missed, as these can be used as evidence in enforcement proceedings. You can also seek legal assistance to handle the enforcement process better.
Conclusion
The best interests of the child are always the top priority in child custody cases. So, make sure to follow the guidelines and regulations set by the state for a fairer outcome for all parties involved. If you have any further questions or need assistance, seek legal advice.
