What Does it Actually Mean Parents to Have Shared Child Custody in Florida?

Are you a divorced or otherwise separated parent in Clearwater, Largo, or elsewhere in the wider region in Pinellas County? If so, you may have a lot of questions about how exactly child custody works, including: What does it mean to have shared custody rights in Florida? The short answer is that parents may have joint legal custody, joint physical custody, or both. Custody arrangements are always determined on a case-specific basis. Here, our Clearwater child custody attorney provides a more comprehensive overview of the meaning of joint custody.

Custody is a Comprehensive Term (Legal and Physical) 

Child custody is broadly defined as the rights and responsibilities of a parent or guardian to raising and care for a child, including things like decision-making and daily upbringing. In Florida, the concept of “child custody” is split into two separate things:

• Legal Custody (referred to as parental responsibility): Legal custody is the parental authority to make important decisions about a child’s upbringing, such as schooling, medical care, and religious practice
• Physical Custody (referred to as time-sharing): Physical custody is responsibility for a child’s daily care and where they primarily live. It is usually defined as where a child spends his or her nights.

 What does shared (joint) custody actually mean in practice? It could mean fully shared custody, with each parent having equal legal custody and equal physical custody. Alternatively, both parents may split legal custody while one parent is granted primary physical custody.

 Disputes Over Shared Custody are Resolved in the Best Interest of the Child

Under Florida (Florida Statutes 61.13), the best interests of the child standard is used to resolve disputes over custody and visitation. It is very important for parents to understand that the primary objective of a family law court in Florida is determine the custody and/or visitation arrangement that is best for the child’s health, well-being, and future.

 Some Form of Shared Custody is Presumed to be Best for the Child 

Florida state policy presumed that it is best for kids to have an active, positive, connected relationship with both parents when possible. For this reason, some form of shared custody between the parents is presumed to be best. While the specific division of parenting time may vary, Florida law encourages shared parental responsibility unless there is evidence that such an arrangement would be harmful. Most often, parents will either have:

• Fully split custody (joint legal custody and joint physical custody); or
• Joint legal custody with one parent having primary physical custody and the other visitation.

 Note: A court in Florida can award sole custody to one parent if deemed in the best interests of the child. 

Consult With Our Clearwater, FL Joint Child Custody Lawyer Today

At the Law Office of Gale H. Moore P.A., our Clearwater child custody attorney has the skills and experience to help parents assert and protect their rights. Have questions about shared custody? Contact us today for a fully private, no obligation initial case review. With an office in Largo, we provide child custody representation to parents in Clearwater and throughout Pinellas County.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html