Types of Child Custody in Florida

Call a Miami Child Custody Attorney for Legal Assistance

When you and your spouse get a divorce, but you have children together, you will need to determine which type of child custody each parent will have. In order to make this determination, the courts attempt to figure out what parent will provide a nurturing environment that is beneficial to a child’s best interests. The court will make this determination after weighing a long list of factor in hopes of creating a custody and visitation plan that is the most beneficial for the children while considering the desires of the parents.

When you are going through a divorce, it’s important that you have a Miami family law attorney on your side to help you protect your rights. Divorce cases can often be complex and emotionally strenuous, and a representative from Mitchell & West, LLC can help you handle this difficult issue with confidence. We tirelessly defend your rights throughout the process to help you achieve the best possible outcome and protect your rights to spend time with your loved ones after your divorce is finalized. Your ideal solution is our ultimate goal, and our dedicated advocacy works diligently to help you achieve it quickly and effectively.

Joint vs. Sole Custody

There are two primary types of custody, and the courts will determine whether you and your ex will share this custody, of if one of you will have sole custody. Joint custody essentially shared responsibility and visitation time, whereas sole custody gives one parent control over their child’s life and upbringing. Courts have become hesitant to award sole custody in modern cases, instead opting to find a way to keep both parents involved in their child’s life as much as possible.

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Physical Custody

Physical custody is the term for actually having possession and responsibility for the child’s care. Having physical custody means that the child will primarily live with you and you will be responsible for taking them to school and other activities. When one parent has physical custody of the child, the other is given visitation rights.

Legal Custody

The parent who is given the ability to make important decisions on a child’s upbringing is said to have legal custody. Decisions such as where a child will go to school, what activities they will be allowed to participate in, what religion they will be raised with, and more. The courts try to keep both parents involved in these decisions unless one parent is clearly abusive or detrimental to their child’s upbringing. As a result, sole legal custody is quite rare in modern divorce cases.

For further assistance with child custody, contact Mitchell & West, LLC today to discuss your case!