When clients first meet a family law attorney, they often demand “full custody.” They picture sole control over every aspect of their children’s lives. In Florida, however, the concept of “full custody” simply doesn’t exist. Understanding how the law works can save parents stress, time, and disappointment.
Florida courts routinely award shared parental responsibility, which means both parents retain the right to make major decisions for the child and where the child lives. The major decisions can include health care and medical treatment, education and extracurricular activities, and religious upbringing. Parents must confer and agree, and neither parent has “final say”. If there is no agreement, a Motion must be filed with the Court and a Judge would decide.
Instead of “full custody,” Florida law presumes that equal time-sharing is in the best interest of all children. A parent seeking more than 50% time-sharing has the burden to prove that equal is not in the best interests of the children. The Court establishes a schedule that lays out exactly what the schedule will look like on a weekly or bi-weekly basis. It also outlines holidays, school breaks, and summer plans. The goal is to put the child’s best interest at the forefront, including equal parenting time for both parents. Of course, parents can agree to any schedule, and the Court will approve it.
Sole parental responsibility for specific major decisions may exist in the most limited of circumstances, however shared parental responsibility is the outcome in 90% of cases. Parents should be focused on crafting clear, flexible time-sharing plans that focus on the best interest of the child.
If you need help with any family law issues including custody, feel free to call Brodzki Jacobs and Associates for help from our Board-Certified Family Law Attorney Nancy Brodzki.
