Custody, in Florida means being responsible for the needs of a person under the age of 18; this can be further defined by the physical care and supervision of the child. The custodian has a court order for the right of physical custody along with the duty to rear, keep safe and discipline their charge. Medical, food, shelter, education and other material needs are to be provided.
Both parents are entitled to custody. There is joint custody; so ordered by a court. The public policy assures frequent and continuing contact with both parents. If there are extenuating conditions then a child can be put into home with an extended family member by a petition; temporarily. If there is ?probable cause? such as abuse, neglect, or abandonment then that child can be ?taken into custody? by a police officer or an authorized person and placed with a non relative.
In joint custody the court will order both parents to share responsibility, they will both retain their parental rights, and jointly make decisions in the interest of their child. If the child is able and has the intellect, the court may consider their participation in the decision. The court can consider both the parents? desires, or may give one parent the ultimate responsibility for certain aspects of a child's interests or share the responsibilities.
You will need to provide as much information as possible to the court for evaluation in the welfare and interests of the child. This should include information about you and the other party's behavior and finances. A lawyer is recommended but not required. They are helpful in gathering, presenting, and convincing the judge.
Florida has the Uniform Child Custody Jurisdiction and Enforcement Act. The custody order will be issued in the state that can determine in the best interests of the child. Usually you file in the ?home state? where the child has lived with a parent or person for (6) months immediately before the child custody proceeding started. There are exceptions to the ?home state? rule such as: when there is ?competent substantial evidence? of a risk that a party could violate a court order by removing a child from the state or country without the notarized written permission of both parents. However, providing this information may be difficult. There may be more and complicated steps where an attorney may be needed.
In summary, in Florida, child custody is being responsible for the best interests of a child to include shelter, food, education and other needs for the minor less than 18 years of age. Both parents are entitled to joint or shared custody so ordered by a court. The custody order will be issued in the state that can determine in the best interests of the child; usually the ?home state? where the child has lived for (6) months immediately before the child custody proceeding started. When there is ?competent substantial evidence? of a risk that a party could violate the court order by removing the child from the state or country a notarized written permission signed by both parents can be submitted.
Child Custody Laws In
In this article I’d like to talk a little bit about the subject of the negative effects of child custody laws. Divorce is extremely simple if there are no children involved. Basically, there’s just an equitable distribution of assets and the two individuals part ways. Custody, however, is a huge issue in divorce proceedings and it can result in years of litigation and hundreds of thousands of dollars lost during the process.
A large amount of money is at stake when there is a disputed child custody issue. The emotional distress I experienced from my child custody dispute was beyond anything I’ve ever experienced . I’m a combat veteran, I’ve been shot at, and I’ve lost both my parents; but the most painful personal situation I’ve ever experienced was when my custody rights were violated and I had my children taken away from me.
There have been several studies that have shown that joint custody and shared parenting are absolutely the best possible scenario for any child in a divorced household. The child will be happiest when his or her parents live close enough to one another that they can spend equal amounts of time with both parents. This is, of course, assuming that both parents want to be involved.
The reason why this scenario is so rare is that the divorce industry simply doesn’t encourage it. There is too much money to be made through the litigation and administration of split child custody arrangements. They do this by setting up a custodial and non-custodial parent; if the child spent equal time at both homes there would be no need for child support. By giving one parent custody over the child, it automatically sets up a situation where thd custodial parent must receive some form of compensation from the non-custodial parent. Usually it is the mother who keeps full custody and the father who must pay.
The way the divorce industry makes money on this is an old banking trick. They collect money from one party and hold it a few days or a week later, and they make money on the float—or the interest that collects during the time it is in their account. That amount may not seem like a lot initially, but when all the child support payments each year are added together, it suddenly becomes a large amount. The amount of the child support has almost nothing to do with what is actually best for the child.
I spent everything I had trying to gain custody of my own children. When in reality it was a foregone conclusion that my wife would get custody—I’m a father and fathers are discriminated against in the system. My ex-wife would have had to have been a drug addict, in prison, or suffering from a diagnosable mental illness for me to win custody of my kids. If I’d known how impossible the system was to begin with, I would never have tried to take them on. I would have attempted to negotiate better visitation rights or something that would really have benefitted me.
There’s a growing phenomenon called The Friendly Parent doctrine which is gaining more recognition in this country. It says that the parent most likely to include the other parent in the parenting process should get custody. However this doesn’t apply in my state. So all my ex-wife had to do to get sole custody is simply not include me. She blocked me out, refused to communicate and played the game. And it worked because the system is set up to place her in the advantage.
I am more motivated by child custody issues than anything else in my work. Like many fathers, I want to be part of my children’s lives and this is the reason behind my writing, my blogs, and my websites. For more information, please visit my site: http://www.greatcustody411.com.
Both Ic & Ron Lasorsa are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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