Divorce can be a sensitive and difficult challenge for everyone involved. Unfortunately, even in the most amicable situations, it can be especially impactful for children, as their daily lives can change dramatically with the separation and divorce process.
This makes the topic of child custody (parental responsibility and time-sharing) particularly important in ensuring that the best interest of the child is prioritized throughout the instability that divorce can bring.
4 Commonly Asked Child Custody Questions
Parents can have many questions and concerns when approaching divorce. Here are four common child custody questions we receive in our practice.
What is a Child Custody Agreement?
Child custody is a term that rarely appears in Florida law today. Custody is instead referenced as time-sharing as referenced above. This is typically outlined in a parenting plan by which the parents come to an agreement on time-sharing and decision-making responsibilities for the child.
The parenting plan addresses how much time the child spends with each parent and details the responsibilities of both parents in caring for the needs of the child such as with schooling, transportation, vacations and travel, health decisions, and more.
How is Child Custody Determined?
Custody, or time-sharing, is decided and agreed upon by the parents in an uncontested divorce and then submitted in writing as part of the parenting plan. However, if a mutual agreement cannot be reached, the court may intercede to assist with the process for the best interest of the child and craft its’ own parenting plan.
In cases where the parents cannot agree on an arrangement, the court will rule based on the child’s best interest. This means that the child’s wishes, while taken into consideration, are not the sole factor in determining the custody arrangement. Both parents typically share custody; however, in some circumstances, the court may find that equal time-sharing is not in the child’s best interest. Therefore, it is possible one parent may be granted majority time-sharing. This depends on a variety of factors, including but not limited to the age of the child, the child’s school and activities, etc.
In cases where the parents agree easily on the arrangement, the ruling will go into effect quickly. . However, when parents fail to agree, custody cases can take up to a year to resolve. Since Florida is a no-fault divorce state, custody is not awarded to a parent automatically. In cases where a child is born to unmarried parents, custody is given to the mother as the sole parent, unless the father legally identifies himself as the paternal figure, with the mother’s consent.
Can Child Custody Arrangements be Modified?
Child custody arrangements can be modified. This can be common in cases where parents obtain a divorce when a child is young and the need to modify the arrangement occurs as the child ages or as unanticipated circumstances arise.
Custody (time sharing) may also need to be modified as parental income and home life changes as with new marriages or if substantial financial changes occur. Requests to modify the arrangement can be made by the court or by a parent at any time.
What Happens if the Other Parent Fails to Pay Child Support?
Typically in Florida, the parent that spends the least amount of time with the child is responsible for the majority of the child support. However, parental income, medical expenses, nights spent with the child, and insurance costs are also taken into consideration along with many other elements.
Legal counsel should be sought immediately if a parent is not making support payments. Any missed payment(s) is required by law to be paid back. If a parent tries to avoid payments due to unemployment issues, the court maintains the right to bill the income to the parent. Further legal actions may be taken if the parent still refuses to pay child support.
Where Can I Find More Information?
Divorce is a decision that impacts all aspects of family life. The closure of this chapter in life is in itself a great emotional challenge, but divorce also involves many practical issues that must be resolved.
Apfelbaum Law takes divorce, custody, and child custody matters very seriously. If you find yourself struggling to navigate the difficult waters of time-sharing, we are here to help you. Contact us to schedule a consultation with one of our experienced lawyers so we can assist and support you with your legal matters.
