Florida Child Custody FAQs

Navigating child custody matters in Florida can be complex and emotionally challenging. Whether you’re going through a divorce or seeking to modify an existing custody arrangement, understanding the laws and your rights is crucial. Below are some frequently asked questions about child custody in Florida to help guide you through the process.

What Are the Types of Child Custody in Florida?

Under Florida law, the term “custody” is often referred to as “parental responsibility.” There are two primary types:

  • Shared parental responsibility: Both parents retain full parental rights and responsibilities and must collaborate on major decisions affecting the child’s welfare.
  • Sole parental responsibility: One parent has the exclusive right to make decisions about the child’s upbringing without input from the other parent.

Additionally, the court will establish a time-sharing schedule detailing when the child spends time with each parent.

What Is a Parenting Plan?

A parenting plan is a document that outlines how parents will share the responsibilities and decision-making authority for their child. It includes:

  • A detailed time-sharing schedule
  • Information on how parents will communicate with the child
  • Plans for education, healthcare, and extracurricular activities

Florida requires a parenting plan in virtually all cases involving minor children, even if the parents agree on custody terms.

How Is Child Support Calculated?

Child support in Florida is determined using the Income shares model, which considers:

  • The combined monthly net income of both parents
  • The number of overnight stays the child has with each parent
  • Costs for health insurance, childcare, and uncovered medical expenses

The goal is to ensure the child’s financial needs are met proportionally based on each parent’s income.

Can Custody Arrangements Be Modified?

Yes, custody arrangements can be modified if there is a substantial, material, and unanticipated change in circumstances since the original order. The modification must also serve the child’s best interests. Examples include:

An attorney can help you evaluate your legal rights and options.

What if the Other Parent Violates the Custody Order?

If a parent does not comply with the custody agreement or parenting plan, you can:

  • File a motion for contempt or enforcement with the court
  • Request a modification of the custody arrangement
  • Document all violations for legal proceedings

It’s essential to consult with an attorney to navigate these steps properly.

Do Grandparents Have Custody or Visitation Rights?

Florida law allows grandparents to petition for visitation under specific circumstances, such as:

  • Both parents are deceased, missing, or in a vegetative state
  • One parent is deceased, and the other has been convicted of a felony or violent offense

However, grandparents’ rights are limited, and the court’s primary focus remains the child’s best interests.

How Does Domestic Violence Affect Custody Decisions?

A history of domestic violence can significantly impact custody decisions. The court may:

  • Deny shared parental responsibility
  • Order supervised visitation
  • Require completion of a batterer’s intervention program

Protecting the child’s safety is the court’s top priority in these cases.

Is Mediation Required in Child Custody Cases?

Florida courts often require parents to participate in mediation to resolve disputes amicably. Mediation involves a neutral third party who helps both parents reach a mutually agreeable solution. This process can save time and reduce legal expenses.

Contact Our Child Custody Law Firm in Orlando, FL

Child custody matters are sensitive and complex. Understanding Florida’s laws and how they apply to your situation is crucial for making informed decisions. If you’re facing a custody issue, consider consulting with a qualified attorney to guide you through the process.
Get in touch with the skilled Orlando child custody lawyers at McMichen, Cinami & Demps today for legal assistance. Call 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