Court Presumes Shared Custody By Both Parents

Contrary to popular belief, the father and mother are given the same rights when it comes to child custody regardless of their child's age or sex.

Florida encourages both parents to jointly share in the rights and responsibilities of child rearing — including the child's education, religious upbringing, medical and detail care — having frequent and continuing contact with both parents after the parents have separated or divorced. However, each circumstance will vary.

Court-Ordered Custody And Parenting Plans

You and your spouse may agree with a custody and parenting plan. However, if you both have a substantial conflict over these areas, the court will decide an appropriate custody arrangement.

The court may designate one parent's home as the primary residence and afford the other parent frequent and continuing contact. Alternatively, the court may order rotating custody arrangements in which the time spent with each parent is equal.

Sole Custody And The Best Interests Of The Child

In rare cases, the court may order sole parental responsibility and custody of a child to one parent if it believes that shared parental care would be detrimental to the child. The best interest of the child standard is always utilized when determining sole custody or any other custody arrangement.

Questions About Child Custody In Your Divorce? Call Us Today.

Contact our St. Johns County family law attorneys at Canan Law to learn more about the laws and procedures regarding child custody, paternity questions or arrangements for child support and how they could affect your situation.

Call us at 904-217-6209, or send us an email online. We assist all of St. Augustine, St. Johns County and Northeast Florida.