When you and your child’s other parent are not parenting in the same household, it is important to have a child custody arrangement in place. Doing so can help protect your children and maintain the stability they need during this difficult time.
If you are unable to come to a child custody arrangement on your own, you may need a Gainesville family law lawyer at Bogin, Munns & Munns to advocate for your rights and that of your children. A team member can discuss the details of your specific case and help you explore your legal options.
Types of Child Custody in Gainesville
One of the biggest challenges families face when trying to formulate a child custody agreement is understanding the different types of agreements and which is best for your family.
There are several types of custody agreements that may be appropriate based on the circumstances of your case. Florida does not specifically reference legal, physical, joint, or sole custody. Instead, they are referred to as parenting time and parental responsibility.
Parental Responsibility (Legal Custody)
Parental responsibility, also commonly referred to as legal custody, refers to all the major decision-making that comes with parenting. A parent who retains legal custody has the authority to make all major life decisions regarding their children. Some of the more common types of decisions that you could make as part of your legal custody agreement include:
- Healthcare treatment and medical decisions
- What extracurricular activities your child will participate in
- Whether your child will attend public or private school or be homeschooled
- What religious faith they are raised in if any
These are only a few of the decisions that fall to the legal custodian. Every major decision regarding your child’s life will fall to their legal guardian.
Parenting Time (Physical Custody)
Parenting time, also commonly referred to as physical custody, refers to the physical address where the children primarily reside. The parent that retains physical custody of the children is often referred to as the custodial parent, whereas the parent who does not have physical custody is referred to as the noncustodial parent.
Parents who do not retain physical custody of their children may still be entitled to legal custody rights and regular visitation.
Joint Custody
Parenting time and parental responsibility are the two primary types of custody plans. But there are variations of these agreements. One of the most common is joint custody. Here, parents will share legal and physical custody of their children.
If parents have joint custody of their kids, they will be required to make all major upbringing decisions together and discuss these decisions prior to making them.
In cases where parents share joint physical custody, the children may spend half their time at one parent’s household and the other half at the other parent’s home. However, you do have the opportunity to formulate your parenting time based on what works best for you and your family, as long as both parents can agree.
Sole Custody
Sole custody agreements refer to one parent having the legal and physical custody rights of the children. Here, the child’s other parent may or may not have visitation rights.
Parents who retain sole custody will be their children’s sole decision-maker and provider. This is not to say a parent who retains sole custody is not entitled to child support from the other parent, nor does it suggest that the parent who does not have custody is not entitled to visitation rights.
Visitation Rights
Visitation rights refer to the parent’s right to spend quality time with their child. Parents in joint or sole legal or physical custody agreements will also have visitation rights. Only in extreme circumstances will a parent be denied visitation rights by the court.
In many cases, when one parent has been accused of domestic abuse or substance abuse issues, the court may order supervised visitation as opposed to granting the parent any physical or legal custody rights.
To consult with an experienced child custody lawyer serving Gainesville
855-780-9986
How Is Child Custody Determined in Gainesville?
Generally, under Florida Statute 61.13, parents are encouraged to enter into joint or time-sharing arrangements wherever possible. Florida’s family courts always strive to act in the best interest of the children, which means encouraging both parents to spend as much quality time with their children as possible.
Parents have the opportunity to work out a child custody agreement that works best for them prior to going to court. However, if you are unable to work with your child’s other parent, you may need to go through court-ordered mediation, or the judge may step in and determine what kind of child custody plan should be implemented for your family.
Common Child Custody Issues
There are many situations in which parents may struggle to come to an agreed-upon child custody plan. Some of the more common child custody issues include:
- One parent wants to relocate out of state
- One parent having substance abuse issues
- One parent being accused of domestic abuse or violence
- One parent being arrested for a criminal offense
- Differences surrounding how the children are being raised
- Unstable environments within the home
- Parent/child communication failures
- One parent withholding visitation
A Gainesville child custody attorney at Bogin, Munns & Munns can help sort through these issues with you and formulate a child custody plan both parents can agree upon or represent you during court proceedings.
Gainesville Child Custody Lawyer Near Me
855-780-9986
Get Help from a Gainesville Child Custody Lawyer Today
If you and your child’s other parent are unable to come to a custody agreement on your own, the decision will be taken out of your hands and made by the judge presiding over your case.
Make sure your family determines your child custody plan as opposed to the court. Get help resolving these issues with a Gainesville child custody lawyer at Bogin, Munns & Munns. A team member is standing by for your no-obligation consultation when you call our office.
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