Will I have to attend a parenting class?
Yes, Florida law requires both parents to attend a parenting class for all divorce and custody cases involving minor children. The course is scheduled to last 4 hours and is intended to educate parents on how to communicate with each other and effectively co-parent.
What if both parents agree on custody?
If there is an agreement on the terms of custody it will speed up the court process. If parents agree on the terms of the parenting plan, the judge will typically ratify their agreement. Usually, a judge will only interfere if the terms conflict with Florida law or policy.
What if a parent violates the parenting plan?
A motion for contempt may be used against a parent who does not follow the parenting plan. If granted, the judge can impose financial penalties and modify the parenting plan to account for the violations.
How do I get custody rights if I pay child support?
Paying child support does not necessarily also include child custody rights. If the other parent is withholding custody, you may need to file a petition to establish parenting plan. When deciding custody, the judge will review all the details of the case and award custody based on what is in the child’s best interest.
How do I get full custody?
Florida law does not give any preference to mothers or fathers when deciding child custody matters. Instead, the judge’s primary focus will be to find what is in the best interest of the child. Therefore, you will need to prove it is in your child’s best interest for you to have full custody.
What is a parenting plan?
In Florida child custody & divorce cases, the court will require the parents to submit a parenting plan for judicial approval. The parenting plan outlines how the parents will share the responsibilities and decision-making authority for the children. Once the parenting plan is ratified by the court it becomes a legally binding court order.
At what age do children get to decide which parent to live with?
Minor children do not have the authority to decide which parent they will live with. The child’s preference can be a factor the judge considers but will not be dispositive. Instead, the judge will review all the details and decide the case based on the child’s best interest.
