Understanding Child Custody Laws in Florida

Introduction

Child custody battles can be one of the most challenging and emotional aspects of a divorce. In Florida, the laws surrounding child custody are designed to prioritize the best interests of the child. At Ortega Law, we understand the complexities of these cases and are committed to guiding you through every step of the process.

Types of Child Custody in Florida

Florida law recognizes two main types of custody: physical custody and legal custody.

  • Physical Custody: Refers to where the child lives on a day-to-day basis.
  • Legal Custody: Refers to the right to make important decisions about the child’s life, including education, healthcare, and religious upbringing.

Factors Considered by the Court

When determining custody arrangements, Florida courts consider several factors to ensure the best interests of the child, including:

  • Parental Involvement: The extent to which each parent has been involved in the child’s life.
  • Child’s Needs: The mental, emotional, and physical needs of the child.
  • Stability: The stability of each parent’s home environment.
  • Parental Health: The mental and physical health of each parent.
  • Child’s Preference: Depending on the child’s age and maturity, their preference may be considered.

Shared Parental Responsibility

Florida courts prefer arrangements where both parents share parental responsibility unless it is deemed detrimental to the child. This means both parents must collaborate and make joint decisions regarding the child’s welfare.

Modifying Custody Arrangements

If there is a significant change in circumstances, either parent can request a modification of the custody arrangement. Examples of significant changes include:

  • Relocation: One parent wishes to move out of state or a considerable distance away.
  • Change in Employment: A parent’s job change affects their availability to care for the child.
  • Safety Concerns: New evidence of abuse, neglect, or other safety concerns.

Conclusion

Navigating child custody laws in Florida can be complex and emotionally taxing. At Ortega Law, we are dedicated to providing compassionate and expert legal support to ensure the best possible outcome for you and your child. Contact us today to schedule a consultation and learn how we can help you through this challenging time.

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