Splitsville Family Law

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Splitsville Family Law

In Florida, there is no such thing as full or complete custody. Custody has been changed to time-sharing. Time-sharing means that both parents share parental responsibility of a child. However, one parent could have majority time-sharing over a child. In Florida, both parents have to confer and agree on all major decisions regarding the child. Significant decisions include health, medical, and sometimes religious decisions. It’s not realistic to go into a case and ask for full custody or sole parental responsibility. Sole parental responsibility allows one of the parents full control of all decision making regarding his or her child, but the circumstance is rare and very difficult to prove. The issue can arise in cases where one of the parents is absent or incarcerated for a long period of time, and they’re not available to participate in any decision making. However, assuming that both parents are available to participate in decision making, the law in Florida is shared parental responsibility, and you will not have full control over your child.

In regard to child support and time-sharing, a parent is not allowed to cut off child support because he or she is not receiving time sharing. A parent is also not allowed to restrict time sharing because they are not receiving child support. If you are having a problem with time-sharing and child support, and you can’t work it out with your partner, you’ll have to go to court and pursue enforcement of either the payment of child support or time-sharing. But you are not allowed to restrict one to accomplish the other.

Is It True That Courts Favor The Mother In All Custody Matters?

It is incorrect to assume that courts favor the mother in all custody matters. In fact, most of the laws in Florida have been rewritten to refer to either mother or father. Parents have rights to their children regardless of gender, with the exception of cases regarding paternity. The mother, in paternity cases, has full legal rights until the father goes to court to pursue his paternity rights.

Will My Child Have A Say In Who They Are Going To Live With?

The majority of the time, a child does not have a say in regard to who they want to live. Ninety-nine percent of the time, the court is not going to hear or take into account a child’s wishes. There are very limited circumstances where you can try to motion the court to allow the child to speak or make their wishes known, but in general, the issues regarding children are to be determined between the parents.

Is There An Age Where A Child Has Any Input In Parental Time Sharing?

A child does not have any legal input in parental time-sharing, even if they are teenagers. By the time children become teenagers, however, it may be unrealistic to force them to do what the court order says, regardless of the consequences. Communicating with the court or judge directly about these matters may not be possible because Judges try to avoid speaking directly with minors.

Parents may be forced to face the reality that a child’s behavior or choice is going to affect what’s going to happen regardless of a court order. The child may insist on staying with one parent or refuse to go with the other parent, in which case, there could be other legal remedies such as therapy or counseling that can prove helpful.

Can A Child Ever Be Forced To Testify In Court In A Florida Divorce?

In Florida, a child is never going to be forced to testify in court during a divorce or paternity proceeding. A motion and hearing order would need to be submitted even to entertain the possibility of a child speaking to the judge.

For more information on Child Custody Issues In A Florida Divorce, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 928-9995 today.

Lieber Law Group, P.A.

Call Now To See How Can I Help You!
(954) 928-9995