The dissolution of marriage most likely results in the dispute of the married couple as to who among the spouses has the legal custody rights over the children.
This process is tedious due to the reason that the happy marriage that was enjoyed years before would now be severed. The child custody case is being filed in court to ask for the determination, which parent has the legal right to get hold of the custody of the children based on the emotional and physical status of the parents as well as their financial capability and stability.
The filing of the case for child custody is just the tip of the iceberg that may be facilitated easily through the following steps and these are:
- The determination which court has the jurisdiction on the child custody case as well as on the parties;
- Carry out the complete process for the filing of a petition to determine the paternity and for the related remedy or relief for those who are not legally married;
- Preparation of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit.
After the court’s determination of the child custody case and with the grant of sole custody, one parent will get the legal and physical custody over the child. While in joint custody, both parents will have the privilege to exercise the same rights. Under the law of Florida, joint custody is popularly known as the shared parental responsibility and both of the parents will have the joint and several decisions over the child.
On the other hand, there are grounds to declare a parent unfit and will surely lose the right to get hold of the child’s custody. Accordingly, under the Florida Statute 751.05, the parent is found unfit is the presence of the following has been undertaken to the disadvantage of the child’s interest:
Moreover, a parent may likewise be declared unfit if this parent has a recent or long-standing history of drug abuse or mental illness.
Also, when the parents of the child are unwed, Florida law mandates the designation of the mother as the natural custodian of a minor child. She, therefore, has the sole rights over the child until paternity is established. To this end and as a mother, she has the right to establish paternity on behalf of the child.
In Fort Myers, Florida, it is seldom for either of the parents get the sole parental responsibility and custody and the only way for the father to get the custody over the child is for him to show the court that granting the full custody to the mother is detrimental and unhealthy to the welfare of the children.
However, a paternity order does not affect an unmarried mother’s custody of the child but the father may seek a court’s order first to acquire a visitation or change custody declaration. If there is evidence of a child’s abuse, abandonment, or neglect, domestic or sexual violence, the parents may lose custody over the child including the visitation rights.
Under the law of Florida, the child could not in any way choose, which parent to live with until 18-year-old. That being said, it is the court’s discretion in which parents will be given full custody.
Further, the unmarried fathers do not have the rights to their child without first secure the court’s order even if the father has already acknowledged the child. Child abuse or sexual abuse is the major reason that a mother can lose custody of her child.
In cases where the court declared the 50/50 custody arrangement, the parents are still not free from providing the child’s support. The court may likewise order that both spouses will be held liable and order the other spouse with the higher income to pay for the child support.
In Florida, child support is not mandated based solely on which parent has the child the most. Meaning, the court will still require both parents to pay for the required payments every month.
A child joint custody does not dissolve the child support obligation of the parents but the parent with a higher income will certainly provide child support.
If you are in Fort Myers, Florida and you want to ensure your child custody case success, it is highly recommended to use the professional legal services of Marquez-Kelly Family Law Attorney. We already mastered the ins and outs of the child custody proceedings and we ensure that our clients’ welfare is fully protected that includes our clients’ rights and interests.
For your needs about child custody, child custody lawyer, Fort Myers child custody lawyer, Cape Coral child custody lawyer, Fort Myers family law, and Cape Coral family law, you may visit our official website to learn more at https://www.marquezkellylaw.com/child-custody-visitation-attorney-fort-myers-fl/.
Contact us now for a free half-hour consultation. Our service centers are regularly open to serve you better at the areas in Fort Myers and Cape Coral, Florida.