You have probably heard about divorced couples engaging in bitter legal battles over which one of them will have custody of the couple’s children. You might also know someone who stays in an unhappy marriage because he or she fears that, upon divorce, he or she will be ordered to pay hefty child support payments and have the court meddle in his or her finances for years, while being forced to give up the rights to make decisions about his or her children’s upbringing. In reality, child custody is rarely an all or nothing situation. Likewise, Florida courts do not impose child support obligations as a way to punish parents. In making decisions about custody and child support, judges are to consider the children’s best interest above all else and to determine how to promote the children’s interests in a way that is feasible for both parents.
There is No One Size Fits All Parenting Plan
It is rare in Florida that judges award sole custody of the children to only one parent. Besides, the word “custody” has more than one meaning in Florida law. Physical custody refers to where and with whom the children reside most of the time, whereas legal custody refers to who has the authority to make important decisions about the children. Legal custody includes the right to choose which school the children attend, which medical treatments they receive, and which religious activities they participate in, among other important decisions. It is technically possible for one parent to have more time with the children while the other has the last word about their education and extracurricular activities. Continue reading ›