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Child Custody in Florida

What is Child Custody in Florida

Child custody refers to a parent's right to care for their child and make decisions about their upbringing after a separation divorce in Florida. Generally, child custody decisions are made by courts based on the requirements of state and federal laws. In Florida, child custody is referred to as parental responsibility. In a child custody case, parents are required to develop a parenting plan with a time-sharing schedule which must be approved by a court. Time-sharing is the court-approved arrangement stating how much time a child should spend with each parent after a divorce or separation and the circumstances surrounding their meetings.

Child Custody Laws in Florida

Parental responsibility (child custody) laws in Florida are provided under Title VI (Civil Practice and Procedure) of the Florida Statutes. Florida's child custody laws are based on the requirements of the 1997 Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This Act replaced the Uniform Child Custody Jurisdiction Act (UCCJA) of 1968. The US Supreme Court did not indicate if the Full Faith and Credit clause of the US Constitution covered child custody rulings. Consequently, before the UCCJA was established, state courts had jurisdiction over every child custody case presented to them. Even if a child custody order was already issued in a state's court, a court in another state could modify the initial order and give a new one. Parents that were unsatisfied with child custody decisions in their states could abduct their children and take them to courts in other states for new child custody orders in their favor. Although this practice benefited abducting parents, it negatively impacted the judicial system because resources were squandered as different courts across the country heard child custody cases of the same minors. The practice also disrupted children's lives because they were forced to change locations suddenly. In 1968, the Uniform Law Commission (ULC) responded to this problem by establishing the UCCJA.

The provisions of the UCCJA required state courts to enforce child custody orders issued in other states instead of modifying them. This prevented courts from assuming jurisdiction over child custody cases already open in other states except in emergencies where immediate protective actions were needed for abused minors. Despite the establishment of the UCCJA, two or more states could have concurrent jurisdiction over a child custody case. This could happen if a child resided in a state for up to six months or if a state had substantial evidence about the case. This can lead to conflicting child custody orders from different states and uncertainty for children and parents. In addition, the UCCJA did not specify its enforcement procedures, so litigants were left to discover local means of enforcing child custody orders which varied between states.

To close the gaps between interstate child custody practices, the US Congress enacted the Parental Kidnapping Prevention Act (PKPA) in 1980. The PKPA's recommendations were similar to those of the UCCJA, but there were notable differences. While the UCCJA permitted multiple states to have concurrent jurisdiction, the PKPA prioritized the jurisdiction of a child's home state (where they resided for up to six months). However, there was confusion about the relationship between both laws. Consequently, the ULC established the UCCJEA in 1997 as a replacement for the UCCJA. This law established procedures for the uniform enforcement of child custody determinations across states and granted priority to the jurisdiction of a child's home state. Each state had to adopt the UCCJEA through its legislature before it could become effective.

The Florida Legislature enacted the UCCJA in 2002 through House Bill 549. According to the provisions of Section 61.046(14)(b) of the Florida Statutes, every parenting plan approved in court must follow the UCCJEA's requirements. The Florida Uniform Child Custody Jurisdiction and Enforcement Act is provided in Part II, Title VI of the Florida Statutes. According to the provisions of Section 61.510 of the Florida Statutes, a child custody case that is already open in a different state is not subject to jurisdiction in Florida. Also, anyone subject to a child custody ruling in another state cannot be immune from the court's decision because they are in Florida.

Per Section 61.511 of the Florida Statutes, a court may obtain information from a court in another state about a child custody ruling without informing the parties involved. A Florida court cannot exercise initial jurisdiction over a child custody case unless no other state has jurisdiction over the case or Florida is the child's home state. Nevertheless, per Section 61.514(1)(c) of the Florida Statutes, if other states decline exercising jurisdiction because a Florida court has significant evidence about a case, the Florida court may exercise jurisdiction.

In 2008, Florida Legislature made significant changes to the state's child custody laws through Senate Bill 2532. Consequently, the term “visitation” was replaced with “time-sharing,” and each parenting plan had to include a time-sharing schedule. The law also required both parents to make major parenting decisions together except when a parent is convicted of specific crimes as stipulated in Section 61.13 of the Florida Statutes.

Types of Child Custody in Florida

According to the Florida Statutes, there are two types of child custody, which are:

  • Sole parental responsibility (sole custody): This is court-ordered parenting in which only one parent is authorized to make decisions about a child.
  • Shared parental responsibility (joint custody): Under this custody type, a court grants both parents full parental rights. In line with Section 61.046(17) of the Florida Statutes, parents with joint custody are required to make decisions about their child's welfare together.

Section 61.13(2)(c)(1) of the Florida Statutes recommends that children have regular contact with both parents after a divorce or separation. Therefore, both parents should share the rights and responsibilities of raising a child. A Florida court is required to order joint child custody except when it would be detrimental to a child if:

  • A parent is convicted of a misdemeanor involving domestic violence
  • A parent is a convicted sex offender; In such cases, the convicted parent will not be granted joint custody. The court may give the other parent sole custody but allow the non-custodial parent to visit their child under safe circumstances stipulated in a parenting plan. Nevertheless, not having joint custody does not relieve a non-custodial parent from their child support obligations.

How to File for Child Custody in Florida

A parental responsibility (child custody) case in Florida officially begins when a parent files a petition with a Circuit Court. A person interested in filing for child custody should visit their local Circuit Court Clerk's office to open their case. The Circuit Court may transfer the case to another court for the convenience of both parties or witnesses, in line with Section 47.122 of the Florida Statutes. Per Section 61.13 of the Florida Statutes, a petitioner is required to submit a parenting plan agreed upon by both parents. According to the provisions of Section 61.046(23) of the Florida Statutes, parenting plans must contain a time-sharing schedule specifying the holidays and overnights that a child will spend with each parent.

The court may modify the plan or approve it after evaluating the factors that affect a child's welfare. Such factors include the capacity of both parents to honor the schedule, the geographic viability of the plan, and the mental and physical health of both parents. Per Section 61.046(23)(b) of the Florida Statutes, if a child's parents cannot agree on a suitable schedule that is in the child's best interest, the court may impose a different one.

How to Get Full Custody of a Child in Florida Without Going to Court

As stipulated in Section 61.13 of the Florida Statutes, state courts will not permit one parent to deny the other parent from having joint custody of their child. Nevertheless, both parents can agree to allow one parent to make major decisions for their child and submit the written plan to a Circuit Court Judge for approval. Also, if one parent terminates their parental rights in line with Section 39.806 of the Florida Statutes, the other parent may get full custody of the child.

How Long Does a Child Custody Case Take in Florida?

Parental responsibility cases in Florida usually involve hearings for circuit courts to reach decisions based on evidence as stipulated in Section 61.13 of the Florida Statutes. Depending on the judge's calendar and how complex the case is, it could take months. However, if both parties reach a parental agreement that is satisfactory to a court, the court may approve their written plan without delay. In such cases, parental custody cases may be concluded within days.

Child Custody Evaluations (Or Assessment) in Florida

A child custody evaluation is a court-ordered assessment of the parties in a child custody case by a professional (child custody evaluator) who presents their findings to the court and makes recommendations. In line with the provisions of Section 61.122 of the Florida Statutes, a psychologist may be appointed by a court to conduct an evaluation in a child custody case.

Choosing a Child Custody Lawyer in Florida

A person interested in filing a child custody petition in Florida may hire a private lawyer or contact a legal clinic. Although private lawyers offer more specialized services for complicated cases, not everyone can afford them. The Florida Office of the State Courts Administrator (OSCA) provides a list of free and low-cost legal services organizations for anyone that cannot afford to hire a lawyer.

Do I Have the Right to Know Where My Child is During Visitation?

Yes. Per Section 61.13 of the Florida Statutes, before a parenting plan can be approved by a court, it must contain details about a time-sharing (visitation) schedule, including where a child will spend their time. It must also state whether parental responsibilities will be delegated to a third party and indicate the extent of their involvement. As a result, a parent has the right to know where their child is during visitation to ensure compliance with the parenting plan.