Child Custody
Understanding Physical and Legal Custody of a Child
Physical Custody Of The Child
“Physical custody” refers to the arrangement where a child primarily resides with one parent, often 80% of the time or more. This sort of schedule is less common today. The reason being, most parents, whether mother, father, etc., both work. Additionally, as of July 1, 2023, Florida law requires that all judges assume both parents will share equal time with their children. This presumption can be challenged, however, as courts will consider the unique circumstances of each family when creating a time-sharing plan, known as a Parenting Plan, to suit each family’s specific needs. Considering equal timesharing is now the norm in the State of Florida, the term “Physical Custody” is rarely used.
Legal Custody Of The Child
In Florida, “legal custody” is referred to as Shared Parental Responsibility, which involves making major decisions about the child’s life in three key areas: education, healthcare, and religion. These important decisions are made jointly by both parents, meaning they must consult and agree on them. Shared Parental Responsibility is the standard in nearly all cases. Sole Parental Responsibility is rare and typically only applies when one parent is either disengaged or absent (such as being incarcerated), has consistently made harmful decisions for the child, or is incapable of making reasonable decisions due to issues like mental illness or substance abuse. A middle ground exists where Shared Parental Responsibility is in place, but one parent has Ultimate Decision-Making Authority, allowing them to overrule the other parent if they cannot reach an agreement.