THE TRUE MEANING OF CUSTODY
I am often told by a prospective client at our initial consultation, "I
want custody" of my child(ren). I have learned that this word is often
misused. I always ask the person to define what he or she means by the word
"custody". I have realized that the word has different meanings to different
people. In reality, the definition as provided by Florida Law will control.
I first wish to point out that custody and time sharing are often two
different issues. Let me first define some custody terms that are found in the
law. Florida follows a concept titled "Shared Parental Responsibility". It is
defined as follows:
"…a court ordered relationship in which both
parents retain full parental rights and responsibilities with
respect to their child and in which both parents confer
with each other so that major decisions affecting the welfare of the child
will be determined jointly."
The above concept is to ensure that both parents remain equal parents in
regards to decision making. You will not find any reference to "time sharing"
within that definition. In other words, this concept is never based upon how
much time each parent spends with his/her child(ren). Unless Sole Parental
Responsibility is granted (which is extremely rare), each parent is considered
equal.
In most instances the child(ren) will spend more time with one parent than
the other. The parent with whom the child maintains his or her primary
residence is titled the "Custodial or Primary Residential Parent". This
designation does not confer any greater rights in regards to decision making.
It only defines where the child(ren) will primarily live and which parent will
receive child support. The other parent is designated the "Non Custodial
Parent". This parent, who usually follows a visitation or time sharing
schedule, has no fewer rights than the "Custodial Parent".
What I try and impress upon people is that the amount of time each parent
spends with his/her child(ren) does not affect his/her role as a parent. So
many people believe that if they are awarded "custody", they get to make all
the decisions. That is simply not true. In fact, the "Custodial Parent" has an
obligation under the law to foster a loving relationship with the "Non
Custodial Parent" and to keep the other parent fully advised of all that is
going on in the child’s life.
Lastly, Florida does allow "rotating custody", where both parents spend
equal time with the child(ren). In many instances this can be a workable
situation and afford both parents significant time with the child(ren). It is
still not the norm and must be found to be in the child’s best interests.
Hopefully this will help some of you to better understand the concept of
custody in this State.
If you would like any additional information please call me at 954 385-9160 to schedule an appointment.
