Right of Custodial vs Non-Custodial Parent

Right of Custodial vs Non-Custodial Parent

Going through a divorce or legal separation can be a challenging and complex process for parents. While Florida law presumes it is in a child’s best interest to have frequent contact with both parents, the rights of custodial vs. non-custodial parents pose certain issues that may apply to your situation. The family law attorneys at The Law Offices of Travis R. Walker, P.A., help parents navigating divorce and custody matters protect their rights.

Key Takeaways
  • A custodial parent is the one with whom the child lives, but non-custodial parents have the right to spend time with their minor children. 
  • Under Florida law, the custodial and non-custodial parents are both expected to help raise their minor children and may equally share decision-making authority. 
  • Both parents must follow the court-approved parenting plan and use the proper procedures to seek modifications.

Florida law emphasizes that a child should have “frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved.” The court will usually designate a custodial parent, which is the parent who provides for a minor child’s basic needs and makes the day-to-day decisions about the child’s care. The custodial parent is typically granted primary physical custody of a child, meaning the child lives with them. 

However, the non-custodial parent also has rights and responsibilities to help raise their child and maintain a relationship with them. Understanding the rights of custodial vs. non-custodial parents can help you negotiate and navigate your parenting plan

At The Law Offices of Travis R. Walker, P.A., our team has years of experience serving as allies for parents navigating the complexities of child custody in Florida. Our award-winning lawyers are here to provide legal guidance and advocate for your custody rights.

Rights and Responsibilities of Custodial Parents

If you are a custodial parent in Florida, you have certain rights and responsibilities, including the following:

If you are a custodial parent, the family law attorneys at The Law Offices of Travis R. Walker, P.A., have the experience and skill to protect your rights and ensure you meet your obligations.

Rights and Responsibilities of Non-Custodial Parents

Non-custodial parents in Florida have specific rights and responsibilities outlined by the state’s family law statutes. While you may not have primary physical custody, a non-custodial parent may still play a vital role in your child’s life. Here are the key rights and responsibilities of non-custodial parents in Florida:

There is nothing more important than maintaining a meaningful relationship with your children. A seasoned family law attorney from Travis R. Walker Law can help you navigate the complex terrain of non-custodial parenting rights and obligations.

Modifying Custody and Visitation Orders

Florida courts start from the presumption that equal time-sharing is in the child’s best interest. Modifying existing custody and visitation orders in Florida involves complex legal processes and typically requires court involvement. Both custodial and non-custodial parents can file a petition with the court to request modifications, but the requesting party must demonstrate a substantial change in circumstances since the original order’s issuance. 

Examples of situations warranting modifications include the following:

Courts have broad discretion to modify such orders and can consider any factor that may be relevant to the parenting plan. From there, courts assess modifications based on the child’s best interests, ensuring the proposed changes better serve the child’s well-being. 

Finally, while Florida law presumes equal time-sharing is in a child’s best interest, parents can agree to a different arrangement, or the court may require a different arrangement based on the child’s best interests.

The Role of The Law Offices of Travis R. Walker in Family Law Cases

The specifics of a time-sharing arrangement will affect a child every day, and all plans must comply with Florida law. Developing a child custody plan can be difficult, especially when the parents struggle to find common ground. 

At The Law Offices of Travis R. Walker, P.A., we understand how challenging family law disputes can be. Our child custody attorneys will analyze your case, explain your options, negotiate with the other side, and protect your rights at every stage. Our team will manage every aspect of your case, including: 

Contact Us

If you are facing child custody challenges in Florida, schedule a confidential consultation with our knowledgeable team. Call us at 772-362-2005 or contact us online today for your appointment.

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