Divorce can be a complicated and emotional process, and it only becomes worse when children are involved. The Florida divorce attorneys behind our online divorce platform, Untying the Knot, have a thorough understanding of child custody laws in the state. If you’re not sure what the different types of child custody are and what is available to you, our experienced divorce attorneys can explain and our services can guide you through the process.
Legal vs. Physical Child Custody
Before we dive into the specific types of child custody in Florida, it is important to understand the difference between legal and physical custody. These are the two overarching types and they both have several subtypes to consider. While they may sound similar, they refer to different aspects of a child’s care and upbringing.
Legal Child Custody
Legal custody refers to the right and responsibility of making major decisions for the child. This includes making decisions related to the child’s:
- Education
- Healthcare
- Religion
- General welfare
This means that the parent with legal custody has the authority to make important decisions on behalf of their child. In Florida, there are three types of legal child custody:
- Sole Legal Custody: One parent has the sole authority to make all major decisions for the child.
- Shared Legal Custody: In this type, both parents have an equal say in making major decisions for the child. This is allowed even if one parent has custodial custody of the child and the other parent rarely sees the child.
- Joint Legal Custody: Similar to shared legal custody, both parents have an equal say in decision-making. However, joint legal custody requires both parents to consult with each other and come to an agreement on major decisions.
Physical Child Custody
Physical custody refers to where the child will live and who will be responsible for their daily care. It also includes the parenting schedule or visitation rights of the non-custodial parent. In Florida, physical custody can be divided into two types:
- Sole Physical Custody: This is when the child primarily resides with one parent, and the other parent has visitation rights.
- Shared Physical Custody: In this type, the child spends a significant amount of time with both parents, usually on an equal basis.
Types of Child Custody Combinations in Florida
Now that we have a better understanding of legal and physical child custody, let’s take a closer look at the different types of child custody that are recognized in Florida. These are different combinations of physical and legal custody.
If there are multiple children involved, child custody agreements will cover all children equally, but there are cases where they need separate custody agreements. This may be necessary in the case of parental alienation, or a child is special needs and requires assistance one parent may better provide than the other.
#1. Full Custody
Full custody refers to a situation where one parent has both sole legal and physical custody of the child. This means that they have complete authority over making decisions for the child and also have primary possession of the child.
Full custody is usually awarded in situations where one parent is deemed unfit or unable to care for the child, such as cases of abuse, neglect, or substance abuse. A parent who aims to step back from their child’s life post-divorce would be akin to neglect.
#2. Joint Custody
Joint custody is when both parents have equal rights and responsibilities towards raising their child. This includes shared legal and physical custody, with a parenting schedule that allows both parents to spend significant time with the child.
In Florida, joint custody is encouraged as it promotes a healthy co-parenting relationship and ensures that both parents are involved in their child’s life.
#3. Split Custody
Split custody refers to a situation where multiple children are involved, and each parent has sole physical custody of at least one child. This means that the siblings may be separated, and live with different parents.
Split custody is not common and is usually only granted in cases where it is deemed to be in the best interests of each child. This could be for several realistic reasons, such as:
- The children are older and prefer different parents
- The children do not get along with each other to a significant and potentially violent degree
- One parent is more suited to helping a special needs child, but not while caring for their other children
- One parent lives near a school that has opportunities suited to one child’s interests while the other parent does not
If the parents want to split their children because they feel the child prefers one parent or they prefer a specific child, the court will likely dismiss this. Such feelings may even be investigated as signs of neglect or abuse towards one child.
#4. Bird’s Nest Custody
Bird’s nest custody – also known as nesting or shared nesting – is a unique arrangement where the child remains in one home while the parents take turns living there. This allows the child to have a stable and familiar living environment while the parents rotate in and out of the home.
This type of custody can be challenging to maintain for an extended period, but it is often used as a temporary solution during or after a divorce until a more permanent arrangement can be made.
Check Out the Online Divorce Services at Untying the Knot Online
Child custody decisions are never easy, and Florida has many different types of custody arrangements you can be awarded, depending on the specific circumstances of each case.
To expedite and lower the cost of the divorce process in Flordia, consider the online divorce services offered at Untying the Knot. Check out our bundled and unbundled options for a service or services to match your needs.