Do Not Fall for These Myths About Child Custody in Florida

Are you a parent who is going through a divorce or separation in Pinellas County? If so, you may be worried about custody. Child custody is a complicated, sensitive issue. At the Law Office of Gale H. Moore P.A., we help parents understand their rights under the law. Within this article, our Clearwater child custody attorney discusses four of the most common myths that you should not fall for when thinking about custody in Florida.

Myth #1: Every Custody Case is a Nasty Fight Between the Parents

 False. Many people assume that child custody battles in Florida are always hostile and drawn-out, but that is simply not true. Quite the contrary, Florida family courts strongly encourage cooperative, collaborative parenting whenever possible. Parents often resolve custody matters through mediation, negotiation, or even a collaborative divorce process. When both parents prioritize their child’s best interests, it is entirely possible to reach a shared parenting plan that works for everyone. A solutions-focused Clearwater, FL child custody lawyer can help.

 Myth #2: The Mother has a Presumed Right to Primary Custody 

False. In Florida, child custody laws are gender neutral. The mother of the child does not have a presumed right to custody. Both mothers and fathers are considered equal under the law when it comes to parental responsibility and timesharing. In Florida, child custody determinations are made with consideration for the best interests of the child (Florida Statutes § 61.13).

 Myth #3: Once a Custody Order/Agreement is in Place, You are Stuck 

False. A custody order or parenting plan in Florida is not necessarily permanent. While court approved agreements are binding, they can be modified if there has been a substantial, material, and permanent change in circumstances. For example, relocation, changes in a parent’s work schedule, or new concerns about the child’s well-being could justify a modification. Florida law allows either parent to petition the court for a change to the parenting plan.

 Myth #4: Teenagers Get to Decide on Custody 

False. In Florida, courts sometimes allow older and more mature children to give input on their preferred custody and visitation arrangement. However, a child never gets the unilateral right to make the final decision. A wide range of different factors will still be considered even if the child has a strong preference. The court makes the final call in a custody dispute.

 Speak to Our Clearwater, FL Child Custody Attorney Today

At the Law Office of Gale H. Moore P.A., our Clearwater family law attorney provides top-tier child custody representation. A custody case does not have to turn into a difficult battle. Contact us today for a fully confidential, no obligation initial consultation. With an office in Clearwater, we provide child custody representation in Pinellas County and throughout the broader region.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html