CUSTODY

1. How is child custody determined?

A court will determine custody of all minor children common to both parents. The court will usually go along with whatever arrangements are agreed to by the parties, but the court is not required to accept an arrangement the court believes is not in the best interest of the child.

2. What types of custody are there?

If you and your spouse are unable to agree about with whom the child(ren) will live most of the time, a judge will decide for you. The judge will decide the parenting arrangements based on the child(ren)'s best interests. Regardless of whether there is an agreement, the court reserves jurisdiction to modify issues relating to the minor child(ren).

The judge may request a parenting evaluation or appoint a guardian ad litem in your case. This means that a neutral person will review your situation and report to the judge concerning parenting issues. The purpose of such intervention is to be sure that the best interests of the child(ren) is (are) being served.

Some circuits may require the completion of a parenting course before a final hearing may be set. You should contact the clerk, family law intake staff, or judicial assistant about requirements for parenting courses where you live.

Listed below are some terms with which you should become familiar. If you do not fully understand any of the terms below or their implications, you may wish to should speak with an attorney.

X Shared Parental Responsibility
X Sole Parental Responsibility
X Rotating Custody
X Primary Residential Responsibility
X Secondary Residential Responsibility
X Reasonable visitation
X Specified visitation
X Supervised visitation
X No contact

The most common type of custody is called shared parental responsibility. Florida Courts presume that both parents will get Shared Parental Responsibility. That means that both parents make the major decisions together, but the primary residential parent (the parent who has the child the most) makes the day-to-day decisions. A Florida court may award sole custody if the judge believes, based on evidence presented in court, that the non-custodial parent will put the minor child at risk, i.e., child abuse, neglect, etc. Even with Shared Parental Responsibility, one parent is usually awarded primary custody. That is usually the parent that spends the most time with the minor child. Of course the other parent, usually referred to as the secondary residential parent, will have to pay an appropriate amount of child support, as determined by a judge, after considering Florida's Uniform Child Support Guidelines. Child custody is not a simple issue, but one that needs to be discussed at length.

In Florida, a judge can order what is now called "rotating custody." It is what it sounds like. The parties take turns having primary custody. There are many ways to rotate the children. Sometimes custody is switched every few days, every week, every two weeks, every month, every 6 months, or every year. Of course, most judges do not like rotating custody. Judicial approval of rotating custody in Florida is relatively new. The court needs to look at many factors to make sure that rotating custody is in the best interests of the child. Such issues as school, stability, distance between the two homes, etc. are very important when deciding if rotating custody is appropriate. The length of time between "switches" is also very important.

3. If I am the primary residential parent, can I then relocate to another part of the country?

Florida law states that there are certain criteria for the judge to consider when considering relocation by the primary residential parent. Florida law says:

"No presumption shall arise in favor of or against a request to relocate when a primary residential parent seeks to move the child and the move will materially affect the current schedule of contact and access with the secondary residential parent. In making a determination as to whether the primary residential parent may relocate with a child, the court must consider the following factors:

1. Whether the move would be likely to improve the general quality of life for both the residential parent and the child.
2. The extent to which visitation rights have been allowed and exercised.
3. Whether the primary residential parent, once out of the jurisdiction, will be likely to comply with any substitute visitation arrangements.
4. Whether the substitute visitation will be adequate to foster a continuing meaningful relationship between the child and the secondary residential parent.
5. Whether the cost of transportation is financially affordable by one or both parties.
6. Whether the move is in the best interests of the child."

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