In Florida, child custody is established based on Florida statutes that define both the requirements of parenting children, and the limits of the court’s power.
- Florida’s Public Policy Regarding Child Custody
In the state of Florida, public policy includes making certain that each minor child “has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved.” Additionally, Florida “encourages parents to share the rights and responsibilities and joys of childrearing.”
- Courts Favor Shared Parental Responsibility
Courts favor shared responsibility of minor children unless such an approach would be detrimental to their well-being. Even though responsibility of a child is shared by both parents, the court may order one parent to bear the ultimate responsibility over certain aspects of that child’s welfare. Additionally, the court can choose to divide the responsibilities for the child’s welfare between each parent, based on the child’s best interests. Common areas of responsibility for raising the child include:
- The child’s education
- Healthcare for the child
- Any other areas of responsibility unique to a particular family
Ideally, child custody plans are crafted with the needs and desires of each individual family in mind.
- Modifications to a Child Custody Plan
The courts and both parents must carefully craft child custody decisions with the best interests of the child in mind. Because child custody plans are so carefully considered in the beginning, modification cannot be done on a whim, out of anger, or simply as a matter of course. Once a child custody plan is in place, modifications are generally not allowed, except under certain circumstances. When a parent is unable to meet the legal standard required by Florida law for a child custody plan modification, the request will be denied.
Because of the limitations on modifications to child parenting plans, it is a good idea to have a qualified family law attorney work with you both at the time of original implementation, as well as when considering filing a petition to modify it.
Do You Need A Family Law Attorney for a Child Custody Issue?
If you need a family law attorney for an issue involving child custody, contact Eric C. Cheshire, who has been practicing in Florida since 1988. Every family is different, just as every child’s needs are different, which is why you don’t need a cookie cutter approach to child custody issues. Contact Eric C. Cheshire, P.A. today at (561) 295-3693 to discuss the unique needs of your family.