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.
- 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:
- Physical custody: Custodial parents have the right to physical custody, but how much time the child spends with each parent is determined by a host of factors, including parental fitness, a parent’s moral character, work schedule and availability, and more. Ultimately, courts have discretion when weighing each factor—but the child's best interest overrides all other considerations.
- Decision-making authority: As a custodial parent, you have legal custody, granting you the authority to make important decisions concerning your child's education, health care, religious upbringing, and overall well-being. However, in Florida, the court can grant the non-custodial parent decision-making authority as well.
- Adhering to time-sharing schedule: Failing to follow the time-sharing schedule can have legal consequences, such as being held in contempt of court and other punitive measures.
- Child support: To ensure the child’s financial needs are met, custodial parents may receive child support from the non-custodial parent. Child support payments are based on many factors, such as the non-custodial parent’s finances, health care expenses, education costs, extracurriculars, etc. Even if the court orders equal time-sharing between the parents, it can require a parent to pay child support.
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:
- Time-sharing and visitation rights: non-custodial parents have the right to scheduled time-sharing, or visitation rights, with their child. Florida public policy emphasizes the importance of regular and meaningful contact with both parents.
- Involvement in decision-making: non-custodial parents often have the right to be involved in major decisions affecting the child's life. These decisions include matters related to education, health care, and religious upbringing. A parenting plan can require the parents to make major decisions jointly, with both parents providing meaningful input.
- Access to information: As a non-custodial parent, you have the right to access information about your child's well-being, including school records, medical information, and other relevant details. However, there are situations where this right can be restricted, such as in situations of domestic violence, abuse, or other safety concerns.
- Maintaining a relationship: Non-custodial parents have the right to build and maintain a strong and healthy relationship with their children, including spending quality time and fostering emotional connections with them.
- Child support payments: These obligations are generally determined based on income, parenting time, and other relevant factors. If the court orders you to pay child support, you must make those payments on time.
- Cooperation with custodial parent: While non-custodial parents may have differences with the custodial parent, it is imperative that each parent cooperate and communicate effectively with the other and adhere to the time-sharing plan.
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:
- Changes in work schedules
- A parent’s relocation
- The child's evolving needs or preferences
- Concerns about a parent's fitness
- The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling
- The home, school, and community records of the child
- The demonstrated capacity of each parent to provide a consistent routine for the child, such as discipline and daily schedules for homework, meals, and bedtime
- The capacity and likelihood of each parent to maintain an environment for the child that is free from substance abuse
- Evidence of child abuse or domestic violence
- The parent's ability to facilitate the child's extracurricular activities
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:
- Analyzing your situation
- Explaining your rights and obligations under Florida law
- Gathering evidence to support your position
- Drafting and filing paperwork
- Handling communications with the other parent and their attorney
- Advocating for your interests during negotiations and in court
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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