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If you are seeking to go for primary physical custody, you must show that your rights as a parent are being infringed upon by the other parent. If you are seeking to go for secondary physical custody, you must show that your rights as a parent are being infringed on by the other parent or any third party.
Is Florida a 50/50 Custody State? Joint custody is not required in Florida. However, the courts favor joint custody arrangements because it is generally in a child's best interest to have both parents actively participate in the child's care and upbringing.
All child custody cases are different, and there is no set time for how long it could take. However, things tend to go quicker if you hire a child custody lawyer. It's hard to follow legal jargon and understand Florida laws.
Joint custody arrangements are the most common type of custody agreement. With joint custody, both parents split time with the child. Children travel between each parents' homes on a regular, scheduled basis. Time for holidays and special occasions is also divided between each parent.
Since child custody is no longer a term the Florida government uses, parents here don't file for custody. Instead, they request orders for a parenting plan, time-sharing schedule and child support by filing a case in family court. This initiates the litigation process.
TERMS OF THE STANDARD PARENTING PLAN IN FLORIDA Every other weekend: Custody will be on the second and fourth weekend of every month, from 6 PM on Friday to 6 PM on Sunday. Weekends may also begin upon the child's release from school on Friday and conclude when the child returns to school the following Monday.
Florida abandoned the traditional terms of custody in favor of parental responsibility and time-sharing. Florida's custody laws favor both parents remaining active in their children's lives. Therefore, courts prefer to see parenting plans and time-sharing plans that provide equal access for the child with each parent.
You do not need a lawyer to file for custody (sole or shared parental responsibility). However, with the help of a lawyer, it may be easier for you to gather and present the information you will need to convince the judge of your position on what the parenting plan and time sharing schedule should be.