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What Is a Custodial Parent According to Florida Law?
A custodial parent is usually referred to as the parent who has been awarded physical custody of a child by the court, or the parent with whom the child spends the majority of their time.
Understanding your rights, whether you’re a custodial parent or a non-custodial parent, can be confusing. Speak with a family law lawyer in Orlando, FL, today to discuss your options. In the meantime, continue reading for further insight into what a custodial parent is in Florida.
Florida Custodial Parents
Florida law does not explicitly define custodial parent. However, the term generally refers to the parent with whom a child primarily lives. In cases where both parents share equally in parenting time, the court may designate one parent as the primary residential parent.
In some cases, the custodial parent may also have sole legal custody of the child, meaning that they have the exclusive right to make decisions about the child’s upbringing. However, courts typically prefer to grant joint legal custody whenever possible, as this allows both parents to be involved in their child’s life.
Responsibilities & Benefits of a Custodial Parent
In Florida, a custodial parent is responsible for the day-to-day care of their child. This includes providing a safe and stable home, ensuring that their child attends school, and meeting their basic needs such as food and clothing. The custodial parent is also responsible for making decisions about their child’s medical care, education, and extracurricular activities.
In addition, the custodial parent must keep the non-custodial parent informed about their child’s whereabouts and well-being. If the custodial parent fails to meet these responsibilities, they may be subject to legal action from the non-custodial parent or the state.
Being a custodial parent in Florida has its perks. For starters, you likely get to spend more time with your children than if you were splitting custody 50/50. You also have a say in major decisions regarding your children’s lives, such as where they go to school, what extracurricular activities they participate in, and what religious upbringing they receive, if any. In addition, you don’t have to worry about coordinating schedules with the other parent or dealing with last-minute cancellations.
As the custodial parent, you also have the right to request child support from the non-custodial parent. In Florida, child support is calculated using a formula that takes into account both parents’ incomes and the number of overnight visits the non-custodial parent has with the child.
Custodial parents in Florida also may have the right to request that the non-custodial parent pays for their child’s medical insurance and extraordinary medical expenses. Finally, being a custodial parent gives you the peace of mind of knowing that your children are safe and sound under your roof.
How To Get Visitation Rights as a Non-Custodial Parent in Florida
In Florida, visitation rights for non-custodial parents are determined by the family courts. In most cases, the court will order a standard visitation schedule that is in the best interests of the child.
However, there may be circumstances where the non-custodial parent wishes to deviate from this schedule. In order to do so, they must file a motion with the court and provide justification for the change. The family court will then review the request and make a determination based on what is in the best interests of the child.
Speak With an Orlando Family Law Attorney Today
Understanding your rights as they relate to your child after divorce can be confusing. Let a seasoned team help guide you in your effort to protect your rights and your relationship with your child. Contact an experienced family law attorney to assist with your situation.
Contact Our Family Law Firm in Orlando, FL
Contact the experienced Orlando family 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