Will Child Custody Be Decided in My Divorce?
Are you considering divorce and wondering how the divorce will impact your minor children? Divorces involving minor children are quite common. A recent study from Bowling Green State University reported that over 40 percent of divorces involve minor children, and that rate has remained stable over a number of years even though the overall rates of divorce in the United States have fluctuated. If you are one of the many people in the position of planning for a divorce with minor children in your home, you are most likely wondering: will child custody be decided in my divorce?
While Florida law no longer uses the terminology of “child custody,” it is essential to know that parental responsibility and time-sharing — the new terminology of “child custody — will be decided as part of your divorce if you share your minor children with the spouse from whom you will be getting divorced.
Presumption for Shared Parental Responsibility
If you and your spouse share minor children, your divorce case will need to include decisions about parental responsibility and time-sharing. Under the Florida Statutes, “the court shall order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child.” In other words, you should expect that you and your spouse will be sharing parental responsibility (meaning that you will both have equal decision-making capabilities concerning your child or children) unless it would be in the best interests of the child for the court to decide otherwise.
When there is evidence that shared parental responsibility is not in the best interests of the child (due to issues such as child abuse, or any other reason that shared parental responsibility would be detrimental to the child), then the court can award sole parental responsibility.
Court Will Approve a Parenting Plan and Time-Sharing Schedule
As part of the divorce case involving shared minor children of the spouses, the court will also approve a parenting plan and a time-sharing schedule.
In general, the parents will have the ability to decide on the terms of the parenting plan and the time-sharing schedule, presuming their plan and schedule are in the best interests of the child. The court can approve the plan, or modify it if necessary. There are a wide range of statutory factors that the court will consider in deciding what kind of arrangement is in the best interests of the child.
Contact a Tampa Divorce Attorney Today
Child custody, or parental responsibility, can be a contentious issue for spouses to contend with in a divorce proceeding. Even when the parties believe they are about to engage in an amicable divorce, issues involving their minor children can raise anxieties and cause unexpected issues. If you have minor children with your spouse and are considering divorce, it is critical to seek advice from an experienced Tampa divorce lawyer at The Law Office of Laura A. Olson, P.A. Divorce can be complex regardless of whether or not children are involved, but when there are minor children from the marriage, divorces can be especially complicated. Contact us today to learn more about shared parental responsibilities and related time-sharing plans in a Florida divorce.
Sources:
bgsu.edu/ncfmr/resources/data/family-profiles/FP-24-13.html
flsenate.gov/Laws/Statutes/2012/Chapter61/All
