The family is the basic unit in society, it should always be cherished and protected. However, due to reasons beyond our comprehension, married couples at times have reasons to get a divorce. In that essence, divorce is foreseeable and unavoidable.
When a divorce takes place, the family unit dissolves and becomes something very different for the children.
A well thought out parenting time structure can alleviate the feeling of separation for the child from the family unit they have known.
There is nothing more precious to a parent than time with their children. Because of this, the ability to come up with a mutual agreed upon schedule between the parents would be difficult at times. As a result, the civil case for child custody is thereafter filed for the determination and assistance of the court.
The State of Florida implements the shared parental responsibility unless both parents are not able to agree to undertake the major decision makings for the benefit of the children, the court thereafter decides which parent is better fit. But the initial court’s decision generally recommends the participation of both parents in order to provide the utmost advantage to the child’s upbringing and life.
Under the law, the State of Florida always ensures the best interest of the child and the court upholds the law that carries out the decision to require both parents to provide financial support for their children. The law does not mandate the presumption rule for 50/50 custody but if the father establishes legal paternity, the father may be awarded the shared parental responsibility and with the 50/50 time-sharing.
Nonetheless, this is not always the case at hand. Accordingly, Florida Statute 751.05 states that in order for a parent to be found unfit for the custody of the child, a parent or both must have inflicted abuse, neglect, and abandonment. In addition, a parent or parents may likewise be deemed unfit if recent or long-standing history of drug abuse or mental illness.
A supplemental Petition may be carried out by the aggrieved party after the promulgation of the court granting the child custody to request a modification to the final judgment or order in favor of the petitioner.
On the other hand, be it noted, however, that Florida strictly observes the role of the mother to be the natural guardian of a child born out of wedlock. Even if the father acknowledges the child, the unwed mother has still the legal custody of the child automatically.
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Sole Custody – one parent gets hold of the legal and physical custody of a child;
- Joint Custody – both parents share the legal and physical child custody and this is also popularly known as the shared parental responsibility and both of them have the right to approve all the decisions pertaining to the child.
In any case, the child does not have the automatic privilege or right to choose which parent to live with until the child reaches the age of majority, that is, 18 years old. As the child gets older, his opinion may have greater weight with the court but still, the latter still has the discretion for the best interest of the child.
In summary, child support is not solely dependent based on which parent has the child the most. That being said, the court would still mandate both parents to provide the required financial support every month for the benefit and advantage of the child.
A child joint custody, on the other hand, does not dissolve the child support responsibility and obligation of the parents. However, the parent with a higher income will certainly be required to provide higher child support.
If you are in Fort Myers, Florida and surrounding cities, and need an experienced, child custody attorney, it is strongly advised to take advantage of the professional legal services of Marquez-Kelly Family Law Attorney. Our Team is ready to answer your questions and represent your child’s best interests.
