Frequently asked questions about Children in Divorce and Paternity Cases:

Question: How can I get “full custody”?

Florida does not have “full custody.” Instead, “Shared Parenting” is the legal status Florida courts most often grant to parents in divorce and paternity cases. Shared parenting requires both the Father and the Mother of a child to communicate with one another and to work together to decide issues concerning medical care, the choice of schools, day care centers, counseling for the child, and all other major decisions regarding the child and the child’s welfare.

The difference in the amount of time each parent has with the child in their home is determined by a “Time Sharing Plan” or “Parenting Schedule.” A court decides the Plan or Schedule if the Mother and Father cannot agree on one. There are a number of things a court is required to consider in deciding a Parenting Schedule. However, courts sometimes award more time to the parent who has dedicated the most time to the care of the child prior to the divorce or paternity case. A court may also favor the parent who willingly and harmoniously shares the child with the other parent.

The Parenting Schedule is set to ensure that the child has a fair amount of time with both parents and that healthy relationships can be supported. However, the determination of parenting time can be affected by a wide variety of factors, including if a proposed Schedule will result in the overuse of babysitters, or if one of the parents has committed domestic violence in front of the child. There are many other factors, as well. A court may, in limited instances, take into consideration a child’s preference, but only if the child is older.

The only time a parent may not be entitled to share in the decisions concerning their child and will have limits on their parenting time is when the court orders “Sole Custody.” This means one parent is unfit, unstable, or unsafe for the child, either for a temporary period of time, or for an extended period of time.

If you would like to know more about this topic, please consult with a family law attorney.

Question: When are children old enough to “legally” choose the parent they want to live with?

Never. Parents decide where a child resides and the “parenting schedule” that is best for the child. If the parents cannot agree on this, then the court will decide the issue. However, when a child is older (and considered mature) the court may agree to listen to the child’s wishes prior to making a decision. The court will be looking for the reasons behind the child’s choice and will not weigh the child’s preferences if the child has been offered gifts or coerced in some other way. The court may disregard a child’s preference, regardless of maturity level, if the court finds that the child has been exposed to repeated efforts by one parent to alienate the child from the other parent.

If you would like to know more about this topic and how your situation may apply, please consult with a family law attorney.

Question: I am divorced and have “shared parenting” of my child with my Ex-spouse. A majority of the time, my child lives with me. If I get remarried, can I move with my child to another state where my new spouse lives?

There is a specific Statute in Florida which allows such moves if your former spouse does not object. However, if your former spouse does object, you must prove to the court the importance of the move and the impact the relocation will have on the child and the child’s relationship with the other parent. This Statute impacts relocations in paternity cases, as well.

If you would like to know more about your own situation, please consult with a family law attorney.

Question: Are Mothers more likely than Fathers to “get the children” following a custody dispute?

Mothers and Fathers are equal candidates as parents under Florida law. This equality between parents applies to young children, as well as older children.

Question: If I give up my parenting rights, can the State of Florida still come after me for child support?

Neither you, nor the child’s other parent can terminate your parenting rights. The State of Florida takes the position that the two of you brought the child/children into the world and, therefore, both of you have a legal duty to support and share in the raising and support of your child/children. Only the State can take away parenting rights for abandonment, neglect, or abuse.

You should know, however, that child support relief is available under certain circumstances. If you would like to learn more about how you might receive child support relief, please consult with a family law attorney.

Question: My child’s Father and I never married. Our baby is only a few months old and the Father says he has the right to keep the child half the time and travel with the child out of state, regardless of the child’s young age. Does he have such rights?

While the Father and the Mother are equal candidates for parenting under the law, this does not mean it is best for a very young child, especially a newborn, to spend equal time with both parents, or to travel long distances. A court may consider the Father’s and Mother’s parenting ability and familiarity with the child, as well as the needs of the child, when deciding this issue. This is not a question of parenting rights, but a question of what is in the best interest of the child.

If you want to learn more about how courts handle such situations, please consult with a family law attorney.