Common Questions on Child Custody

Common questions regarding child custody include:

• How is custody determined? - The terms of a child custody time-sharing plan can be determined either by the court, a hearing officer, or by agreement between the parties. If the parents cannot agree on a custody or time-sharing plan, a judge will formulate a plan in your child's best interest, based on a variety of factors. The amount of time each parent spends with their child is called a time-sharing.

• What are temporary orders? - Temporary orders are established before terms of custody, time-sharing, or divorce are completed. Temporary orders allow a parent to receive some type of requested relief such as temporary visitation, time-sharing, child and/or spousal support during the proceedings of the litigation. A temporary order will be replaced by a final judgment at the completion of the family law case.

• Can my child choose to live with me? - A child's choice or preference can be considered by the court. When considering your child's preference, Florida court will take into account their maturity, experience and intellect.

• Can I request more time under a time-sharing plan once it has been decided? - Although you cannot be guaranteed increased time-sharing with your child, you can increase your chances of additional time under a future modification by involving yourself in your child's life. This includes providing for their needs, establishing a beneficial living environment, and supporting a relationship with the other parent.

• When can I modify a custody arrangement? - A child support plan can be modified at any time, so long as there has been a significant change of circumstances that would justify such a change. This can include changes in income, child care expenses, and the health of a child or parent. As before, the terms of a modification will be based on the standard of the child's best interest.

• If I am an active military member, can my parents take over my custody or visitation rights? - If you are the sole custodian of the child or children, and you are deployed for reasons of military service, you can designate a family member or relative as a custodian of your child. Grandparents, stepparents, and other relatives are all eligible to take on the responsibilities of a parent in the military.