Divorce can be emotional, but when children are involved, it can be more overwhelming. While the process is already challenging for parents, ensuring children’s stability is a top priority. In Florida, child custody, also called timesharing, is very important as it isn’t just about who the child lives with; it also determines who makes important decisions about their upbringing. If you’re currently going through a divorce, you may wonder what Florida’s most common custody arrangement is. Read on to learn more about the different custody types and the most common ones.
Types of Child Custody Arrangements
In Florida, child custody is generally divided into two categories: legal custody and physical custody. Legal custody gives a parent the authority to make crucial decisions regarding the child’s healthcare, education, and well-being. Physical custody, on the other hand, determines where the child primarily lives and how time is shared between parents.
Additionally, custody can further be awarded solely to one parent or shared between both parents. This is how it works:
- Sole legal custody: One parent has the exclusive right to make significant decisions for the child.
- Joint legal custody: This arrangement allows both parents to share decision-making responsibilities.
- Sole physical custody: This is where the child primarily resides with one parent while the other is granted a visitation schedule.
- Joint physical custody: Here, the child spends significant time with both parents, sometimes on an alternating schedule. For example, one month with one parent and the next with the other.
In most cases, Florida courts award joint custody, allowing both parents to be actively involved in their child’s life.
Why Joint Custody Is the Most Common Arrangement
In Florida, joint custody is the most preferred arrangement. Our state recognizes that children benefit more from maintaining strong relationships with both parents after divorce. Also, there is an assumption that shared parental responsibility is in the child’s best interests, and as such, allowing both parents to be part of their child’s upbringing. This way, even after the divorce, children can receive both parents’ love, care, and support.
Factors That Courts Consider in Custody Decisions
While joint custody is Florida’s most common custody arrangement, the courts focus on the child’s best interests. As such, a judge may consider the following factors before making the final decision:
- The child’s age and preference: Older children may have a say on which parent they prefer to live with.
- Each parent’s ability to provide care: The judge may also assess if both parents can meet the child’s physical and emotional needs.
- Stability of each parent: The court may also consider each parent’s living situation or environment to ensure the least disruption to the children’s lives. This can range from geographical stability to routines.
- History of abuse or neglect: If a parent has a history of domestic violence, substance abuse, or neglect, the court will take this into account when determining custody. If you can prove this, the judge may consider alternative arrangements.
Contact an Experienced Family Law Attorney Today
If you are going through a divorce, contact our experienced family law attorney at Tampa Bay Legal Center, P.A., today to help you navigate the process.
