Florida child custody laws are set forth in Florida Statutes Title VI, Chapter 61. The provisions of the laws govern everything from the standard used by the court to establish a custody arrangement in first instance to the types of custody permitted under the laws of the state.
Legal Preference
Florida law establishes a legal preference for joint legal custody in divorce, legal separation and paternity cases in the state. The statute--Title VI, Chapter 61, Section 13(2)(b)--specifically states that, "The court shall order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility--joint legal custody--would be detrimental to the child ...."
Legal Standard
In considering child custody, a Florida court applies what is known as the "best interests of the child" standard. The standard requires the court to consider a variety of factors before handing down a child custody order. These factors include an examination of the preexisting relationships the child maintained with each parent, including which parent was the primary caretaker of the child. Other factors taken into consideration include the moral fitness, as well as the physical and mental health, of the parents.
Types of Custody
Legal custody in Florida is defined as the power of a parent or parents to make material or major decisions on behalf of a child. Major decisions include those surrounding religion, education and health care matters.
Residential custody in Florida is defined as the home in which a child resides all or part of the time.
Equal Standing
Florida law does not contain a gender preference in regard to custody determinations. In other words, both the mother and father have an equal claim to both legal and residential custody of a child in a Florida divorce, legal separation or paternity proceeding.
Parenting Course
Before the court awards custody in a divorce, legal separation or paternity case, the parents must complete a parenting course. The clerk of the court in all counties in the state maintain lists of approved parenting courses. When a parent completes the parenting course, she receives a certificate that is filed with the court clerk in the pending case.
References
- Florida Senate: Florida Statutes, TItle VI, Chapter 61--Dissolution of Marriage
- Help Yourself Divorce: Florida Child Custody Laws
- "Child Custody A to Z: Winning with Evidence"; Guy J. White; 2005
