Child Custody Laws for Florida Divorce

   The court shall determine all matters relating to custody of each minor child of the parties in accordance with the best interests of the child and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act. It is the public policy of this state to assure that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing. After considering all relevant facts, the father of the child shall be given the same consideration as the mother in determining the primary residence of a child irrespective of the age or sex of the child.

2.  The court shall order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child. Evidence that a parent has been convicted of a felony of the third degree or higher involving domestic violence, as defined in s. 741.28 and chapter 775, or meets the criteria of s. 39.806(1)(d), creates a rebuttable presumption of detriment to the child. If the presumption is not rebutted, shared parental responsibility, including visitation, residence of the child, and decisions made regarding the child, may not be granted to the convicted parent. However, the convicted parent is not relieved of any obligation to provide financial support. If the court determines that shared parental responsibility would be detrimental to the child, it may order sole parental responsibility and make such arrangements for visitation as will best protect the child or abused spouse from further harm. Whether or not there is a conviction of any offense of domestic violence or child abuse or the existence of an injunction for protection against domestic violence, the court shall consider evidence of domestic violence or child abuse as evidence of detriment to the child.

a.  In ordering shared parental responsibility, the court may consider the expressed desires of the parents and may grant to one party the ultimate responsibility over specific aspects of the child's welfare or may divide those responsibilities between the parties based on the best interests of the child. Areas of responsibility may include primary residence, education, medical and dental care, and any other responsibilities that the court finds unique to a particular family.

b.  The court shall order "sole parental responsibility, with or without visitation rights, to the other parent when it is in the best interests of" the minor child. c.  The court may award the grandparents visitation rights with a minor child if it is in the child's best interest. Grandparents have legal standing to seek judicial enforcement of such an award. This section does not require that grandparents be made parties or given notice of dissolution pleadings or proceedings. A court may not order that a child be kept within the state or jurisdiction of the court solely for the purpose of permitting visitation by the grandparents. 3.  Access to records and information pertaining to a minor child, including, but not limited to, medical, dental, and school records, may not be denied to a parent because the parent is not the child's primary residential parent. Full rights under this subparagraph apply to either parent unless a court order specifically revokes these rights, including any restrictions on these rights as provided in a domestic violence injunction. A parent having rights under this subparagraph has the same rights upon request as to form, substance, and manner of access as are available to the other parent of a child, including, without limitation, the right to in-person communication with medical, dental, and education providers.

What the Florida Statutes Mean:

   Florida use a principle called "best interests of the child."  The meaning is exactly as the words say - the court will arrange your divorce around whatever is best for the child.  Florida places a very strong emphasis on protection of minor children.  Normally the best interests of the child includes liberal, continuing contact with both parents after the divorce.  There is no presumption that either gender, male or female, is better for the child.  The court will arrange custody, support, and all other issues according to what is good for the child.

   Shared parental responsibility is preferred and normally ordered.  This does not mean the child will live in both residences - normally one parent is designated the primary residential parent.  If there is a history of domestic violence, that fact will weigh heavily against the person responsible for the violence.

   Your final order of separation is a flexible, creative document.  Responsibility for almost anything can be split between each parent, or selectively assigned to one parent.  Examples include decision making authority for the education, medical care, and religious education of the child.  You must express to the court exactly what you want, and must be prepared to show it is best for the child.

   Both parents have authority to access all pertinent records, until the child reaches the age of 18.  Grandparents traditionally had some authority to ask the court for rights, but recent court decisions have weakened this authority.

The Bottom Line:

The general policy in Florida is

• Custody of children will be equally shared between parents
• One parent will be designated the primary residential parent
• There will be open and liberal visitation with the non-residential parent
• Important decisions that affect the child will be equally made by both parents

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