Fighting for Full vs. Joint Custody in Orlando, FL

If you are seeking custody of your children or you want to modify custody, you need to know how a Florida family court is likely to respond to your request. No ethical family lawyer will guarantee you a favorable outcome. Nevertheless, your best bet is to learn about Florida child custody law and seek the assistance of a competent attorney.

The “Best Interests of the Child” Standard in Florida

As you might already know, Florida courts strictly adhere to the “best interests of the child” standard. The best interests of the parents are secondary, although they are not completely irrelevant. In general, however, family courts act on the assumption that children need strong relationships with both parents.

Physical Custody vs. Legal Custody

Florida, like other states, recognizes two different forms of custody:

  • Physical custody refers to the child’s actual living arrangements.
  • Legal custody refers to the right to make decisions on behalf of the child – their religious upbringing, medical decisions, whether they can join the swim team, etc.

Physical and legal custody don’t have to go together. For example, the mother might have full physical custody while the parents share joint legal custody.

What Joint Custody Looks Like

All other things being equal, Orlando courts prefer joint custody over full custody. However, under a joint physical custody arrangement, the children must spend roughly equal time with each parent. This might be inconvenient if the children are school-age and their parents live in two different school districts. 

You might work out a more complicated arrangement in which the children stay with their mother most of the time during the school year and with their father most of the summer. 

However, joint legal custody is another matter. Who makes the decision when the parents disagree? For example, what if the mother wants to raise the children Christian, while the father wants to raise them Islamic? If the parents frequently disagree, a family court judge will end up making decisions for the child. 

Joint legal custody works only as long as the parents can work together and compromise. It often doesn’t work after acrimonious divorces.

What Full Custody Looks Like

You have full physical custody when the child lives with you a significantly greater portion of the time than the child spends with the other parent. This could mean seven days a week, or it could mean, for example, weekdays with you and weekend visitation with the other parent. In either case, you are the custodial parent, and the other parent is the non-custodial parent.

The non-custodial parent almost always enjoys visitation rights. Typically, the non-custodial parent pays child support to the custodial parent. Other factors (such as relative income) matter, too. 

Why a Court Might Award One Parent Full Custody

Florida courts prefer joint custody over sole custody. However, under certain circumstances, a judge might award sole custody to one parent.

Here are some of the reasons why a court might award sole custody to one parent: 

  • Drug or alcohol abuse
  • Domestic violence
  • Incarceration in jail or prison
  • Abandonment
  • Inability to care for children
  • Abuse or neglect
  • Relocation to an area that makes joint custody impossible

Ultimately, any situation that puts a child under one parent’s care can result in full custody. When in doubt, refer to the “best interests of the child” standard. A court will order full custody if the judge is convinced it is in the child’s best interests to do so.

Contact an Experienced Orlando Child Custody Lawyer For Help With Your Case

Contact the experienced Orlando child custody lawyers at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803