Florida laws on child custody and visitation are codified in Florida Statutes, Title VI, Chapter 61. The statutes include the standards utilized to establish initial custody and visitation orders. The statutes also include provisions for enforcing custody orders as well as for changing a custody arrangement in certain circumstances. The law also presumes parents will at least attempt to fashion a parenting plan on their own initiative during the course of divorce proceedings.
Establishing Custody
Florida law requires a court to consider the best interests of the child in rendering an initial custody order, according to Help Yourself Divorce. The statutes of Florida require a consideration of a number of factors in developing a custody order that is in the best interests of the child. These factors include the length of time the child resided in a particular home and parent, the mental and physical health of the parents and the moral fitness of each parent. Additional considerations include the school, home and community record of the child as well as the preference of the child. The preference of the child is considered in Florida if she is of sufficient experience, intelligence and understanding to make such a decision.
Enforcing Custody
Once established, Florida statutes contain a mechanism through which a custody order can be enforced if necessary. For example, if the non-custodial parent fails to return the child from a scheduled visitation, the court can take a variety of actions, including holding the non-custodial parent in contempt, arresting that parent or suspending visitation indefinitely.
Change of Custody
Changing custody in Florida requires a demonstration of what legally is known as a material change of circumstances. In layperson's terms, a material change of circumstances is an alteration in the custodial situation of such magnitude that the best interests of the child no longer can be met. For example, the custodial parent develops a health condition rendering it impossible for him to provide care for the child.
Parenting Time Or Visitation
The non-custodial parent is entitled to parenting time or visitation with the child, pursuant to Florida Statutes, Title VI, Chapter 61. Florida espouses the concept of parenting time, which means the non-custodial parent possesses the right to be more than a mere visitor in the life of her child. If the parties cannot agree to a parenting time schedule, the court orders one. The amount of parenting time or visitation varies on a case by case basis. Considerations in developing a visitation plan include the age of the child, the proximity of the parents to one another and the time of the year.
Parenting Plan
Florida Statutes, Title VI, Chapter 61 require parents in a divorce proceeding to attempt to develop a parenting plan on their own through negotiations. In other words, Florida law expresses a preference for parents to determine issues surrounding custody and visitation of any minor children born during the marriage.
References
- Florida Senate: Florida Statutes, Title VI, Chapter 61: Support of Children, Parenting and Time Sharing
- Help Yourself Divorce: Florida Child Custody Laws
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
