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I Want Full Custody, Will I Get It?

A divorce brings up a lot of difficult topics and conversations, but one of the most emotionally charged is often related to child custody. The court aims to make decisions that are in the best interests of the child, which is the same guideline that parents should follow when deciding how to timeshare. While Florida uses the term timesharing as opposed to custody, they mean essentially the same thing. If you’re trying to get sole custody in Florida, it’s important to know your rights and what you’ll have to prove.

Parenting Courses in Florida

If you’re still in the divorce process in Florida, it’s important to note that you won’t be able to make custody or timesharing decisions right away. Florida courts require that both parents take a course before the divorce is finalized and timesharing decisions are made. Ensure that you take a court-approved course and finish it by the deadline to avoid setbacks.

Factors in Timesharing Decisions

If both you and your soon-to-be ex-spouse agree on a schedule that is in the best interests of your child, the court may decide to accept your agreed-upon timesharing agreement, as-is. child custody in floridaIn many cases, though, both parents fight for more time with the children. In situations like this, when custody is contested, the court looks at a wide variety of factors to decide how time should be split between parents:

  • Each parent’s character and ability to handle the responsibility
  • The child’s coaction with each parent
  • The child’s preferences (only for children who are old enough to communicate their wishes to the court)
  • Each parent’s ability to provide a stable home
  • The parents’ willingness to encourage a loving relationship with the other parent while the child is in their care
  • The child’s ability to adjust to their home, school, and community
  • The mental and physical health of all involved parties
  • The child’s relationship with extended family members
  • Each parent’s ability to provide for the child’s material needs
  • Signs of domestic violence or abuse

Getting Sole Parental Responsibility in Florida

In Florida, the courts believe that both parents should get a meaningful amount of parenting time with their children. As a result, if you’re seeking sole custody, you must be able to prove that equal timesharing would be detrimental to your child.

There are several reasons that the court might decide to award sole custody in Florida. Drug abuse or addiction, severe mental health issues that impact a parent’s ability to provide care, any type of abuse, or parental neglect can all force a court to give sole custody to the other parent. If you decide to pursue full custody, you’ll need exceptional documentation and proof of your claims. A skilled divorce attorney can help you make your case to the court.

Get Help With Your Custody Case

Your custody agreement may be one of the most important decisions of your life, so why would you want to do it alone? Instead, get the support you need through the entire custody process by calling Estevez-Pazos Law Firm at (305) 717-7130.

For More Information:

Changing Child Custody – or Time-Sharing – in Florida

How to Handle a Child Custody Dispute With Your Ex

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The Estevez-Pazos Law Firm, P.A.

135 San Lorenzo Avenue, Suite 650
Coral Gables, Florida 33146
Fax: 305-234-7028
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