When Is It Worth Fighting for Sole Custody in Florida?
As a parent, seeking sole custody may appear to be the best move for your child. However, it is essential to understand what this entails, especially in Florida. This is because, in Florida, family courts typically prefer when children maintain relationships with both parents, which often leads to joint custody arrangements. However, the court may grant one parent sole parental responsibility and timesharing in certain situations. Yes, you read that right: parental responsibility and timesharing, not “sole custody.” Let’s break it down so you can make an informed decision about whether it’s worth pursuing this path.
What Does Sole Custody (Or Sole Parental Responsibility) Mean?
You have probably heard the terms custody or visitation more often than you have parental responsibility and timesharing, especially in other states. However, Florida doesn’t use the term “sole custody” anymore. Since 2011, terms like “custody” and “visitation” have been replaced with parental responsibility and time-sharing. So, when someone says they are seeking sole custody in Florida, they’re likely referring to sole parental responsibility and 100% timesharing with the child.
Suppose you win a custody battle, and the court grants you sole parental responsibility. In that case, you’ll have exclusive rights to make major decisions about your child’s life, such as their education, healthcare, and religious upbringing. In terms of time-sharing, this implies that your child lives with you full-time, and the other parent may have limited or supervised visitation or none at all.
When Is It Worth Fighting for Sole Parental Responsibility?
It’s worth noting that Florida family courts prioritize the child’s best interests. As such, if your reason for seeking sole parental responsibility is because you have a contentious relationship with the other parent, this may not be enough to justify your request. Some of the situations where it may be worth pursuing and the courts are likely to consider your petition include the following:
- History of Abuse or Neglect
If the other parent has a record of domestic violence, child abuse, or neglect, you may have a case for sole parental responsibility. Florida courts take these issues very seriously, as the child’s safety is paramount.
- Substance Abuse Problems
If the other parent struggles with drug or alcohol abuse, this could endanger the child’s well-being. Evidence such as police reports, medical records, or testimonies may support your case.
- Unstable Living Conditions
Children need a stable and secure home. If the other parent frequently moves, lives in unsafe conditions, or is consistently absent from the child’s life, the judge may grant you sole parental responsibility in the child’s best interest.
Proving Your Case
If you decide to pursue sole parental responsibility, you must present a strong case to the court. Here are some tips:
- Show a Stable and Healthy Environment: Demonstrate that your home is safe, stable, and conducive to your child’s growth.
- Know Your Child’s Life Inside and Out: Be prepared to discuss their hobbies, school progress, medical needs, and friendships in detail.
- Foster a Relationship with the Other Parent: Florida courts view parental alienation negatively, so avoid behaviors that suggest you’re trying to cut the other parent out of your child’s life.
A Lakeland Family Attorney Can Help
Our experienced Lakeland family attorney at Darla K. Snead, P.L., can help you navigate the process, make a strong case for sole custody, and explore your options.
Source:
law.cornell.edu/wex/best_interests_(of_the_child)
