Florida Child Custody Law

What is the definition of child custody in this state? Who is entitled to that custody? Which state has jurisdiction and can children be moved out of that state? What can the party do if a spouse or ex. is in danger of removing the child from the court ordered environment.

Custody, in Florida means being responsible for the needs of a person under the age of 18; this can be further defined by the physical care and supervision of the child. The custodian has a court order for the right of physical custody along with the duty to rear, keep safe and discipline their charge. Medical, food, shelter, education and other material needs are to be provided.

Both parents are entitled to custody. There is joint custody; so ordered by a court. The public policy assures frequent and continuing contact with both parents. If there are extenuating conditions then a child can be put into home with an extended family member by a petition; temporarily. If there is "probable cause" such as abuse, neglect, or abandonment then that child can be "taken into custody" by a police officer or an authorized person and placed with a non relative.

Florida Child Custody Law

In joint custody the court will order both parents to share responsibility, they will both retain their parental rights, and jointly make decisions in the interest of their child. If the child is able and has the intellect, the court may consider their participation in the decision. The court can consider both the parents' desires, or may give one parent the ultimate responsibility for certain aspects of a child's interests or share the responsibilities.

You will need to provide as much information as possible to the court for evaluation in the welfare and interests of the child. This should include information about you and the other party's behavior and finances. A lawyer is recommended but not required. They are helpful in gathering, presenting, and convincing the judge.

Florida has the Uniform Child Custody Jurisdiction and Enforcement Act. The custody order will be issued in the state that can determine in the best interests of the child. Usually you file in the "home state" where the child has lived with a parent or person for (6) months immediately before the child custody proceeding started. There are exceptions to the "home state" rule such as: when there is "competent substantial evidence" of a risk that a party could violate a court order by removing a child from the state or country without the notarized written permission of both parents. However, providing this information may be difficult. There may be more and complicated steps where an attorney may be needed.

In summary, in Florida, child custody is being responsible for the best interests of a child to include shelter, food, education and other needs for the minor less than 18 years of age. Both parents are entitled to joint or shared custody so ordered by a court. The custody order will be issued in the state that can determine in the best interests of the child; usually the "home state" where the child has lived for (6) months immediately before the child custody proceeding started. When there is "competent substantial evidence" of a risk that a party could violate the court order by removing the child from the state or country a notarized written permission signed by both parents can be submitted.

Florida Child Custody Law
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Child Custody Court Hearings - What to Expect at Your First Custody Hearing

Nothing puts a knot in the pit of your stomach in quite the way the way that going to a custody hearing at family court does. One of the most frequent questions I see is "What should I expect?". Well if you haven't been there or your last experience was bad, then you will want to spend some time educating yourself about what happens and how you should both prepare and act.

Unless you are nearing the end of your court journey and heading to settlement conferences and the like, you will normally have about 15 minutes or less. Excuse me, but that 15 minutes is for your hearing, not the amount of time that you get to speak. By the time the judge speaks, your ex speaks and then you get to have a say you're looking at about 5 minutes.

So your life and your child's fate all comes down to how you spend your 5 minutes. Think about that for just a moment. You have so much to say and if you put yourself in front of a total stranger for 5 minutes, do you think they would see your side? Maybe. And now let that total stranger get 5 minutes with the ex telling them what a horrible person you are. What do you think will happen? Most people aren't optimistic at this point. I mean how are you going to possibly explain all of the ugliness that your ex can put out in 5 minutes?

Child Custody Court Hearings - What to Expect at Your First Custody Hearing

So now that you're convinced no possible good can come from this hearing, let's look at the title again. "What to expect at you first custody hearing". You see the scenario above is what could happen if you don't prepare. But what would happen if we did things a bit differently.

Take the case of a man I just helped prepare for his hearing. He was terrified that his ex was going to leave the state with his child and he would not be able to see her. You see she had remarried and was going to relocate to a military base. This wasn't a threat, this was a foregone conclusion. He was desperate and knew that arguing wasn't going to get him what he wanted.

He was right to be scared and absolutely correct that he would not accomplish anything by arguing. So what I did was taught him to focus his 5 minutes on the issue of his case. No matter what the ex accused him of or how she tried to change the conversation, he was to bring it back focus on not moving his daughter out of state.

When the court date came mother made some rather awful allegations about father and when the judge asked father what he thought of them, father responded, "these issues have no bearing on this motion". The judge agreed and chastised mother. After that it was all downhill for mother and all uphill for father. They were ordered to evaluation and father was awarded temporary custody in the event that mother should need to move before evaluation was not yet complete. You see, what you need to expect is that the court will hear what you have to say. So choose what you want to talk about and focus your 5 minutes.

Child Custody Court Hearings - What to Expect at Your First Custody Hearing
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Want to learn more about high conflict child custody resolution? Receive my brand new series Child Custody "Court Processes and Case Flow".

Want to learn more about handling Child Visitation issues you can find it here.

Grandparents' Temporary Custody

Many loving grandparents are finding themselves in situations where they need to step in and parent their grandchildren. Grandparents as parents can be necessary in certain situations. Sometimes the circumstances need grandparent's temporary custody to be requested and sometimes the best solution means joint child custody between parent and grandparent. In high-risk situations where it would mean possible harm to the child to be in the care of their parent(s),then a probate court ruling can issue what is called Immediate Temporary Custody to a custodial relative like a grandparent. The grandparent's temporary custody would last for 5 business days when a second hearing would be scheduled to rule on further custody of the minor children.

If the situation is not high-risk, but the parent(s) are not fit to care for the child, then a petition or application must be filed with the court to ask for grandparent's temporary custody. Once the petition or application is filed, then a hearing is scheduled. Most likely, a social worker from the Department of Children and Families (or a similar department name, depending on the state you live in) will visit with the grandparent that asked for the hearing to determine if they are a good fit as temporary custodian. This visit could also be a home visit and the findings will be reported at the hearing. This social worker will make their recommendation as to whether the situation needs to be temporary or more permanent. Of course, the judge will make the final ruling after hearing all the information from the lawyers as well, but they will take the report and any testimony of the social worker into consideration.

When a parent is sick, going to jail for less than one year, is going to be treated in a drug or alcohol rehabilitation program, or some other kind of absence from their children's lives, then they can sign a document obtained from a probate court that says that they are giving 'standby guardianship' to the grandparents. This standby guardianship can give the grandparent's temporary custody for up to 1 year. If the parent is better before the year is up, then they can revoke the guardianship and custody and claim their parental rights.

Grandparents' Temporary Custody

Again, depending on the situation, joint custody between parent and grandparent is another option. Most likely, a court will not approve this kind of arrangement unless the parent(s) consent or if it can be proven that harm may come to the child without a joint custody schedule worked out. It has to be in the best interest of the child and the burden of proof is on the grandparent. However, there are two types of custody that can be discussed. There is physical custody that can be shared on a joint basis and there is legal custody. Physical custody determines where the child lives. Legal custody determines who makes the decisions concerning school, medical care, religion and other important activities for the child. Joint custody between parent and grandparent will need to spell out both types of custody.

What makes these situations so difficult at times is that each case has its own circumstances and so it is treated so differently under the particular laws of the state where the parents and grandparents reside. The best way to know if grandparent's temporary custody or joint custody is best is to seek the advice of legal counsel.

Grandparents' Temporary Custody
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And as a grandparent please keep your grandchildren's best interest in mind. I hope that you are one of those lucky grandparents that has a good relationship with your grandchildren and their parents but if your are not and you are one in a rising number of grandparents as parents let us help you with tips on raising children in today's times. The rights of grandparents temporary custody are certainly something to check out. I wish you all the best. Good luck with your grandchildren.
Jacquelyn Dunn

Custody and Visitation Schedules - Guidelines and Laws in New York

The state of New York takes domestic relations issues very seriously. Chapter 14 of the New York Consolidated Laws contains the crucial laws that govern domestic issues. Under this umbrella of laws, the state has included necessary guidelines and rules about child custody. These are the laws that govern how a mother and father should make their custody and visitation schedule, and also how that schedule is accepted and enforced by the court. It is absolutely necessary that a parent involved in a custody situation learn these laws and be familiar with them. Here is an overview of the rules that impact the custody and visitation schedule.

The Social Services Law in the New York Family Code specifies that the mother and father have an equal right to custody of the children. Neither parent is given a preference because of their gender, nor is either parent denied custody because of their gender. New York gives parents an option to have joint custody if that is in the best interest of the child. Joint custody means that each parent has substantial time with the children, but it doesn't mean that the parents have exactly equal time with the children. The mother and father also share legal responsibility of the children in joint custody.

The Social Services Law is very pertinent to parents who are setting up their custody and visitation schedule. The base of this schedule is the division of custody. Parents should select the custodial parent based on what is best for the child. If both parents want to be involved, joint custody may be the right option for them.

Custody and Visitation Schedules - Guidelines and Laws in New York

Chapter 14 gives the state of New York authority over child custody matters. This means that the state court can determine the custody and visitation schedule along with other custody arrangements. It is best if the parents can work together to make a schedule and submit it together to the court. However, if that isn't a possibility, this law gives the power to a judge to make the final decision. Each parent will have the opportunity to present a proposed schedule to the court and explain why it is in the child's best interest.

The state has specified that the judge must make any child custody decision with the child's best welfare in mind. Some of the factors the judge will consider when determining what is in the child's best interest are: the parenting skills of each parent, the role each parent played before the separation, the preference of the child, the relationship between the child and parents and siblings, if there has been a history of domestic violence, if the parents are able to get along, etc.

Once the judge has made a decision about the custody and visitation schedule, it becomes a legal document and is valid under New York law. This means that the parents must follow the terms and conditions in the schedule. Failure to do so can result in being held in contempt of court.

Custody and Visitation Schedules - Guidelines and Laws in New York
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Discover how Custody X Change can help you create the best New York visitation schedule for your situation, and get the help you need to make your New York custody schedule.

Child Custody - Can Anyone Get a Copy of a the Child Custody Order?

One of the greatest rights we have in the US is the right to a trial by a jury of our peers. Along with this right comes the responsibility of serving on a jury. Of course the reason this all works is because our judicial system is based on a model of openness and that openness allows court records to be accessed by the public as an assurance of keeping the system in balance.

While the court system routinely allows the general public unfettered access to court records there are a few exceptions. The court does seal records occasionally (usually in Criminal Court), but in Family Court they are normally available to view or get copies by anyone who asks for them. The exception being cases that have parents who had a child out of wedlock. This is done to protect the child from becoming ostracized by the public.

In order to view a case file or get copies of a case file you need to visit the Family Courthouse. Go to the Clerk's office and ask for the file by the names of the parties. The Clerk will pull the file (if it is still active) or will put in a request to have the file pulled from a warehouse if the case has been inactive for a period of time and contact you when it is available, normally 2-5 days.

Child Custody - Can Anyone Get a Copy of a the Child Custody Order?

Once the file is available, you can view the contents and get copies if needed. Before you view the contents the clerk may pull the Judges packet or other information that is considered private. There is no need to ask what was pulled as the clerk cannot share that information with you.

If you decide you want copies you will need to ask the clerk to make them for you (as the file may not leave the viewing area). It is common to have personal information redacted from the files to protect the information from being taken advantage of.

Child Custody - Can Anyone Get a Copy of a the Child Custody Order?
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Ed Brooks knows first hand how difficult "High Conflict" child custody battles can be. How devastating false allegations can be and the emotional toll they can take on both parents and children. He has created a forum http://www.child-custody-forum.com/ where parents can go to share their experiences, ask advice, and look for support.

Unmarried Child Custody Issues

What are the top issues unmarried parent's faces when custody is disputed? Unmarried custody cases can present some different child custody issues than divorce cases where the parents were married. Fathers who were not married are often fighting for the right to have contact with their child and establish custody and visitation rights. Unmarried mothers are often fighting to establish a child support award against the father. While unwed parents face many of the same custody issues married parents struggle with, there are some additional challenges in the unmarried custody case - specifically for the unwed dad.

Unmarried Child Custody Issues for Fathers
Who gets custody of the child if the parents were never married? In most states, an unwed mother will be awarded sole physical custody unless the father establishes paternity and commences action to be awarded custody. Until then, the father is often left with very little he can do to gain access to his child unless the parents agree to it. If an unwed mother denies the father access to his children the father will often need to establish access through the family court, which generally includes establishing paternity and petitioning the court for parental rights and waiting for a judge to make decision. A father who was not married to the mother of his child rarely ever wins custody over the mother unless mom is found by a court to be completely unfit. And for younger children, the chances are often even less. There is still a heavy bias that favors mothers over fathers, especially with younger children. An unmarried father usually at best can only take the necessary steps to gain unmarried child custody and visitation rights through the courts -- unless the mother is cooperative and agreeable out of court. The time and money involved for an unmarried father to gain rights to his child and to establish a parenting plan can often be extensive. Regardless, unmarried fathers should not be discouraged as more and more fathers petitioning the court for access to their children are being awarded joint custody with parenting plans that include the child living or spending a substantial amount of time with their father.

Unmarried Child Custody Issues for Mothers
With some statistics showing that most all child support cases involve the father paying support to the mother it's easy to see why it is also the case in unmarried child custody cases that mom's are often fighting to obtain a support award against the father. Generally, a finding of paternity is required in order for an unwed father to be forced to pay financial support of his child to the mother. Without a paternity finding by the court, it's often difficult and in some cases impossible to force an unmarried father to pay child support. Voluntary child support payments by an unmarried father without a finding of a paternity may not be enforceable. In other words, if an unwed mother is relying on voluntary payments by dad without a finding of paternity then she may find herself in a tough situation if the father decides to stop paying voluntarily.

Unmarried Child Custody Issues

Unmarried custody cases can present different issues than divorce cases involving children. Unwed dads are often battling for child custody rights while unwed mothers are often fighting for financial support. Whether you're the mother or father involved in a custody dispute, you'd do well to become educated on the subject of custody issues including custody determinations and modifications.

Copyright © 2009 Child Custody Coach(TM). All rights reserved.

Unmarried Child Custody Issues
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Child Custody Coach ™ supplies child custody information, online materials, and coaching services to divorced and unmarried parents faced with custody and visitation agreement issues. Steven Carlson, The Custody Coach™, is the author of the win child custody E-Book, "How to Win Child Custody - Proven Strategies that can Win You Custody and Save You Thousands in Attorney Costs!" Mr. Carlson's book has been reviewed by some of the foremost professionals in the field of custody, family law, and parent education.

Child Custody Mediation - What to Expect

It would be ideal if parents could agree upon child custody and visitation issues without outside intervention. But this is not generally the case, especially in highly contested divorce cases where the spouses' rivalry gets in between their ability to communicate in a civilized manner.

This is the reason why in so many divorce cases the best way to solve custody and visitation issues is by means of mediation. Mediation can be court ordered, in cases when the spouses can't relate, or it can be voluntary, when both parties consent to it. Mediation has proven to be a very successful tool in solving child custody and visitation issues.

The purpose of mediation is to help spouses reach a compromise regarding the care of their children after their divorce. Who are the kids going to live with? Who are the kids going to visit on weekends? Who is going to make the critical decisions regarding the children's healthcare, education and such? Bottom line, mediation is a fancy term for a meeting in which the main objective is to "find a happy medium".

Child Custody Mediation - What to Expect

Child custody and visitation mediation can consist of just one meeting or a series of them. These meetings take place before a professional negotiator trained in family law. The parents' attendance is required and so are their attorney's.

If the mediation is court ordered the court will either assign a mediator or request the parents to agree on one. In a voluntary mediation the spouses' attorneys negotiate who is going to act as mediator. Mediation conferences are generally held either at one of the attorney's offices, at the office of another attorney, at the mediator's office and sometimes at the courthouse where the divorce case is pending.

In a court-ordered mediation the parties are subject to the penalties of court contempt if they refuse to participate. In that case they would be subject to a fine, or even incarceration.

Before attending a mediation conference it is suggested that you do some homework. Bring your children's school and medical records. Also, bring the names of your child's healthcare providers, along with information regarding your child's appointments and extracurricular activities. If your child is ten years or older, it might be helpful to have a talk with them before the date of the child custody court-ordered mediation, so that you can voice their preferences or desires regarding who do they want to live with and how often they would like to see the other parent.

Should you and your spouse not be able to reach an agreement on the custody and visitation issues, the court will take over that responsibility and make the decision for you, regardless of what you, your spouse, and your children's preferences are. Mediation is a great tool to avoid a lengthy and expensive custody battle. Make the best use of it.

Child Custody Mediation - What to Expect
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For more resources and information on divorce and custody visit: http://www.FreeDivorceLegalHelp.com