Child Custody
As a child custody attorney practicing in Gainesville Florida, R. Flint Crump understands the care and tact required to properly handle child custody cases. Clients concerned with protecting their children deserve sound legal advice during the emotionally trying experience of divorce. What is in the best interest of the child is the most important aspect to remember.
Child Custody Laws
Historically, the courts have, as a practical matter, favored mothers during child custody proceedings, often granting custody exclusively to mothers. However, in recent years there has been a trend to equalize parental responsibility and custody. In accordance with this trend, the Florida State Legislature has altered the state laws, pertaining to child custody, in the following ways:
- The terms Primary Residential Parent and Secondary Residential Parent or Custodial and Non-custodial will no longer be used. Both mother and father are simply referred to as Parent
- The term Joint Custody is now referred to as Shared Parental Responsibility
- Sole Custody will now be referred to as Sole Parental Responsibility
- Comprehensive Parenting Plans must be developed
- The term visitation is no longer used but has been replaced with Time-Sharing
An additional law to consider is The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Enacted in 1997 it ensures custody rulings, determined by the child’s home state, are respected and adhered to across all jurisdictions. The UCCJEA was also designed to deter interstate parental kidnappings.
Determining your child’s best interests
The Law Office of R. Flint Crump P.A. represents your interest during child custody litigation. Detailed consideration and personal evaluation are vital in determining what is in your child’s best interests. Ultimately, the goal is to provide the best solution for their future. To account for the unique aspects of each case, Florida State Law determines the best interests of a child based on a variety of criteria.
Child's best interest criterion:
- The ability of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.
- The ability for each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.
- The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
- The moral fitness of the parents.
- The mental and physical health of the parents.
- The home, school, and community record of the child.
- The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
- The ability for a parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.
- The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.
- The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.
- The capacity and disposition of each parent to protect the child from the ongoing litigation
- The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs.
Difference between Physical custody and Legal Custody
Clients often inquire about the different classifications of child custody. It is vital to understand the difference between physical and legal custody. Legal custody refers to the parental right to make decisions pertaining to the education, religion, health care and general well-being of the child. Whereas one parent may be awarded physical custody at any particular time, frequently both parents share legal custody.
Preserving the child’s best interest, the court determines the appropriate custody type:
-
Shared Parental Responsibility:
Parents share physical and legal custody of the child. In the state of Florida, courts favor shared parental responsibility unless it would in some way prove detrimental to the child. For this custody arrangement to be successful a high degree of communication and understanding between both parents is vital.
-
Sole Parental Responsibility:
A parent can be awarded sole legal custody and the right to make lone decisions about the child’s education, religion, health care and well-being.
-
Split Custody:
It can be utilized in cases where a couple has two or more children. In this arrangement, Parent A is granted sole custody of one child and Parent B the other. Generally speaking, courts prefer not to separate siblings. This form of custody is more frequently seen with older children who prefer to reside with one parent.
-
Changing Child Custody:
Courts are often reluctant to change custody rulings unless circumstances have changed substantially and the best interests of the child require a change.
The Law Office of R. Flint Crump P.A. respects the right of every client to be fairly represented in a child custody hearing. Working to ensure the best interest of our clients and their children is vital to our practice.
Contact us today for a consultation.
