Child Custody and Visitation
Child Custody
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Child custody, visitation and support are three areas of family law that go hand in hand. To determine visitation and child support, custody must be determined first.
Child Custody is defined as being responsible for a child and taking care of the needs of that child until he reaches the age of 18. The court will make a decision on custody based on what is in the "best interests of the child." However, it is not always simple to determine what is in the best interest of the child. In Florida, the courts do not favor one spouse over another when determining child custody. The courts try to assure that both parents have equal parental rights, frequent and continuous contact with the child and that the parents make major decisions regarding the minor child together. They also encourage parents to equally share responsibilities of child rearing. However, if the court determines that shared parental responsibility is detrimental to the child, it will not award it.
There are several types of child custody:
- Legal Custody - The parent's right to have physical custody of the child and protect, discipline and train the child, as well as provide the child with shelter, food, education and medical care, and making decisions about the child's upbringing, all awarded by the court.
- Physical Custody - The parent's right to have the child live with him or her and being responsible for the physical care and supervision of the child.
- Sole Custody - Where the court has ordered that only one parent make decisions regarding the child and has both legal and physical custody of the child. If the court has determined that shared parental responsibility is detrimental to the child, it may grant sole custody to one parent and make visitation arrangements for the other parent that will protect the child. This type of custody is usually granted in cases of domestic violence, child abuse, or drug abuse.
- Joint Custody - Where the court has ordered that both parents share legal and physical custody, parental rights and responsibility and jointly make decisions about the child's welfare.
- Rotating Custody - Where the court orders that the parents take turns making decisions regarding the child, so that one parent has the responsibility for a set amount of time and the other parent for another period of time.
If either parent is unable to care for a child, a grandparent or other relative may be awarded child custody. When the parties do not agree as to which type of child custody they prefer, the court may appoint a Guardian Ad Litem, an impartial third party that will conduct a thorough investigation of the parties situation, to determine what is in the best interest of the child.
Child Visitation Rights
A parent who is not awarded physical custody of his or her child may be entitled to visitation rights.
- Reasonable Visitation - This form of child visitation is the one most often awarded by the courts. It involves reasonable times and places for visitation that are determined by both parents.
- Supervised Visitation - This form of child visitation is usually ordered by the courts when there is an question as to the child's safety with the visiting parent. An adult supervisor must be present during visitation to ensure the child's safety.