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Florida Mother's Rights Custody and Visitation
In Florida, child custody and visitation are determined with the "best interests of the child" as the guiding principle. Here's a breakdown of key aspects:
Key Points:
Parental Responsibility and Time-Sharing:
Florida law has moved away from terms like "custody" and "visitation," and now focuses on "parental responsibility" (decision-making) and "time-sharing" (physical time with the child).
The goal is to encourage frequent and continuing contact between both parents and the child.
Equal Rights:
Florida law emphasizes that both mothers and fathers have equal rights regarding their children. There's no inherent preference for either parent.
Florida has recently made changes to reinforce the presumption that equal time sharing is in the best interest of the child.
"Best Interests of the Child":
Courts consider various factors to determine what's in the child's best interests, including:
Each parent's ability to provide a stable and loving environment.
The child's wishes (if they are of sufficient age and maturity).
The parents' ability to cooperate and communicate.
Any history of domestic violence or substance abuse.
Parenting Plans:
Parents are encouraged to create detailed parenting plans that outline time-sharing schedules, decision-making responsibilities, and other important aspects of co-parenting.
If parents cannot agree, the court will create a parenting plan.
Paternity:
If parents are unmarried, establishing paternity is crucial for a father to have legal rights regarding custody and time-sharing.
Until paternity is established, the mother typically has sole legal custody.
Modifications:
Custody and time-sharing orders can be modified if there's a substantial change in circumstances that affects the child's best interests.
Where to find more information:
Florida Statutes: The official legal codes provide detailed information on Florida family law.
Florida Courts: The Florida court system provides resources and information on family law proceedings.
Legal Professionals: Consulting with a Florida family and mother's rights law attorney is essential for personalized legal advice.
