custody and visitation in Florida are determined based on the best interests of the child. The court encourages both parents to maintain a meaningful relationship with the child, unless it is determined that it would be detrimental to the child’s well-being. Here is a detailed explanation of how child custody and visitation work in Florida
Types of Custody
a. Legal Custody
This refers to the right and responsibility to make major decisions regarding the child’s upbringing, including education, healthcare, and religious practices. Legal custody can be awarded solely to one parent (sole legal custody) or shared between both parents (joint legal custody).
b. Physical Custody
This refers to where the child resides primarily and the daily care and supervision provided by each parent. Physical custody can be awarded solely to one parent (sole physical custody) or shared between both parents (shared physical custody).
Determining Custody
a. Parenting Plan
In Florida, parents are required to create a parenting plan that outlines how they will share and be responsible for the daily tasks associated with raising the child. The plan should address time-sharing schedules, decision-making authority, and other relevant factors.
b. Best Interests of the Child
When determining custody, the court considers various factors, including the child’s preference (if mature enough), each parent’s ability to provide a stable home environment, the child’s relationship with each parent, the mental and physical health of the parents, and any history of domestic violence or substance abuse.
Time-Sharing
a. Time-Sharing Schedule
The court encourages parents to create a time-sharing schedule that allows both parents to spend quality time with the child. If the parents cannot agree, the court will establish a schedule based on the best interests of the child.
b. Parental Responsibility
Even if one parent has primary physical custody, the other parent typically has the right to visitation, unless it is determined to be detrimental to the child’s well-being. The court may order supervised visitation or restrict visitation if necessary to protect the child’s safety.
Modification and Enforcement
a. Modification
Custody and visitation orders can be modified if there is a substantial change in circumstances or if it is in the best interests of the child. Both parents can request a modification, and the court will evaluate the situation before making a decision.
b. Enforcement
If one parent fails to comply with the custody or visitation order, the other parent can seek enforcement through the court. The court may impose penalties or modify the existing order to ensure compliance.