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Home > Child Custody By State >Child Custody Laws Florida - Florida Child Custody Laws

Florida Child Custody Laws - Child Custody Laws Florida, Florida Child Custody Lawyers

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Who Gets Child Custody in Florida?
Like most states, child custody law determinations in Florida are determined in accordance with the overall best interest of the child as defined in Title VI, Ch, 61, §61.13 et seq..

Jurisdiction to Determine Child Custody in Florida
§61.13 (2)(a) The court shall have jurisdiction to determine custody, notwithstanding that the child is not physically present in this state at the time of filing any proceeding under this chapter, if it appears to the court that the child was removed from this state for the primary purpose of removing the child from the jurisdiction of the court in an attempt to avoid a determination or modification of custody.

Florida Child Custody Determinations, Best Interest of the Child, and UCCJE
§61.13 (2)(b)1. The court shall determine all matters relating to custody of each minor child of the parties in accordance with the best interests of the child and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act. It is the public policy of this state to assure that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing. After considering all relevant facts, the father of the child shall be given the same consideration as the mother in determining the primary residence of a child irrespective of the age or sex of the child.

Absent Detriment Preference towards Shared Parenting Florida Child Custody Law
§61.13 (2)(b)2. 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. Evidence that a parent has been convicted of a felony of the third degree or higher involving domestic violence, as defined in s. 741.28 and chapter 775, or meets the criteria of s. 39.806(1)(d), creates a rebuttable presumption of detriment to the child. If the presumption is not rebutted, shared parental responsibility, including visitation, residence of the child, and decisions made regarding the child, may not be granted to the convicted parent. However, the convicted parent is not relieved of any obligation to provide financial support. If the court determines that shared parental responsibility would be detrimental to the child, it may order sole parental responsibility and make such arrangements for visitation as will best protect the child or abused spouse from further harm. Whether or not there is a conviction of any offense of domestic violence or child abuse or the existence of an injunction for protection against domestic violence, the court shall consider evidence of domestic violence or child abuse as evidence of detriment to the child.

Shared Parental Responsibility and Primary Residence Determination Factors
§61.13 (3) For purposes of shared parental responsibility and primary residence, the best interests of the child shall include an evaluation of all factors affecting the welfare and interests of the child, including, but not limited to:
(a) The parent who is more likely to allow the child frequent and continuing contact with the nonresidential parent.
(b) The love, affection, and other emotional ties existing between the parents and the child.
(c) The capacity and disposition of the parents to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in lieu of medical care, and other material needs.
(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
(e) The permanence, as a family unit, of the existing or proposed custodial home.
(f) The moral fitness of the parents.
(g) The mental and physical health of the parents.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
(j) The willingness and ability of each parent to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.
(k) Evidence that any party has knowingly provided false information to the court regarding a domestic violence proceeding pursuant to s. 741.30.
(l) Evidence of domestic violence or child abuse.
(m) Any other fact considered by the court to be relevant.


Failure to Pay Support and Refusal to Allow Contact/Visitation
§61.13 (4)(a) When a noncustodial parent who is ordered to pay child support or alimony and who is awarded visitation rights fails to pay child support or alimony, the custodial parent shall not refuse to honor the noncustodial parent's visitation rights.

Failure to Allow Contact/Visitation and Refusal to Pay Support
§61.13 (4)(b) When a custodial parent refuses to honor a noncustodial parent's visitation rights, the noncustodial parent shall not fail to pay any ordered child support or alimony.

Ability to Pay Child Support and Specific Orders Affecting Custody and Care of Child
§61.13 (5) The court may make specific orders for the care and custody of the minor child as from the circumstances of the parties and the nature of the case is equitable and provide for child support in accordance with the guidelines in s. 61.30. An award of shared parental responsibility of a minor child does not preclude the court from entering an order for child support of the child.

HIV Not a Relevant Factor for Child Custody, Visitation, or Shared Parenting
§61.13 (6) In any proceeding under this section, the court may not deny shared parental responsibility, custody, or visitation rights to a parent or grandparent solely because that parent or grandparent is or is believed to be infected with human immunodeficiency virus; but the court may condition such rights upon the parent's or grandparent's agreement to observe measures approved by the Centers for Disease Control and Prevention of the United States Public Health Service or by the Department of Health for preventing the spread of human immunodeficiency virus to the child.

Age and Sex of Child Should Not be the Sole Reason to Deny Overnight Contact
§61.13 (7) If the court orders that parental responsibility, including visitation, be shared by both parents, the court may not deny the noncustodial parent overnight contact and access to or visitation with the child solely because of the age or sex of the child.


Florida Child Custody Laws: Florida Statutes and Family Code
CHAPTER 61: DISSOLUTION OF MARRIAGE, SUPPORT, CUSTODY
Adjudication of obligation to support spouse or minor child unconnected with dissolution; child custody, child's primary residence, and visitation 61.10
Rotating custody 61.121
Child custody evaluations; presumption of psychologist's good faith; prerequisite to parent's filing suit; award of fees, costs, reimbursement 61.122
Custody and support of children; visitation rights; power of court in making orders 61.13
Parental relocation with a child 61.13001
Attorney's fees, suit money, and costs 61.16
Mediation of certain contested issues 61.183
Social investigation and recommendations when child custody is in issue 61.20
Parenting course authorized; fees; required attendance authorized; contempt 61.21
Appointment of guardian ad litem 61.401
Qualifications of guardians ad litem 61.402
Guardians ad litem; powers and authority 61.403
Guardians ad litem; confidentiality 61.404
Guardians ad litem; immunity 61.405
Court order of visitation or custody; risk of violation; bond 61.45
Click Here for Florida Family Code


How Can I Get Florida Child Custody Help?

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Phone Coaching

The phone coaching sessions are designed so you can have a fast, efficient, and economical way of scheduling a coaching session to discuss your child custody, child custody evaluation, and/or divorce related matter via telephone in the comfort and privacy of your own home. Phone coaching is flexible and allows you the opportunity to request an appointment before work, after work, or on a weekend or at any time that is convenient for you. The phone coaching session can often be scheduled and take place the same day payment is made and forms are received for those seeking immediate coaching. For full details about fees and how to get started click here.


In-Person Coaching

The in-person coaching sessions are designed for parents who prefer face-to-face meetings and are held in Orange County California. Southern California residents in Orange County, Los Angeles, Ventura, Long Beach, Riverside, San Bernardino, and San Diego will often request to discuss their matters with me in-person. In-person coaching sessions are held in the Mission Viejo area or Costa Mesa area in South Orange County California and are an option made available to persons who can travel to one of these two locations. For full details about fees and how to get started click here.


Monthly Coaching

Monthly coaching is designed to provide ongoing coaching and support throughout the month and provides for an economical way of receiving such support on matters such as divorce, child custody, move-aways, post-judgment modifications, child custody evaluations, etc. Fees are known up front so there are no surprises. This also allows you to choose the plan that is right for you and also works within your budget. Weekly coaching sessions and email communications allow you to discuss your child custody matters, developments, and results regularly throughout the month. For full details on fees and how to get started click here.

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Steven Carlson, The Custody Coach®
Child Custody Coach
Orange County, California
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Website: http://www.childcustodycoach.com/
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Author: How to Win Child Custody - Proven Strategies the can Win You Custody and Save You Thousands in Attorney Costs!
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CHILD CUSTODY E-BOOK
How to Win Child Custody: How to Win Child Custody E-Book Guide - Proven Strategies that can Win You Custody and Save You Thousands in Attorney Costs!
How to Win Child Custody
By The Custody Coach
Only $49.95
 E-Book Reviews & Testimonials
"I have perused Steve Carlson's E-Book "How to Win Child Custody." It is well-written, timely and chock-full of great information for everyone from the lay child custody litigant, to pro se'er, to experienced attorney and to parenting coordinator. While it is mainly geared toward California law much of Steve's advice does apply to all 50 states. I highly recommend it. Too bad it wasn't written 20 years ago when I was going through my own contentious custody battle."
Dean Tong, MSc., Forensic Trial Consultant
Abuse-Excuse.com

"When traveling the rapids of family law court, educating yourself is the best strategy available. How to Win Custody will enhance a positive outcome in a family law child custody case. This practical guide is loaded with valuable information that anyone involved in family law court needs. How to Win Custody will save money and more importantly help parents achieve their goal of how to successfully share their children."
Jayne A. Major, Ph.D., Parenting Education Expert, Published Author
Breakthrough Parenting Services, Inc.

"A practical, up-to-date resource for divorced parents who want to remain actively involved in their children's lives. Fathers and daughters will inevitably benefit from Mr. Carlson's clear headed, insightful guidebook."
Dr. Linda Nielsen, Professor of Women's Studies and Adolescent Psychology at Wake Forest University

"The 'How to Win Child Custody' book by Steven Carlson is an excellent, practical guide to divorce and custody issues that would serve any parent well. Affordable and well-written, it would be a valuable tool at twice the price. 'Highly Recommended'"
SPARC - Separated Parenting Access & Resource Center
DeltaBravo.net
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  REVIEWS & TESTIMONIALS
"I've spent tens of thousands on attorneys but Steven Carlson 'The Custody Coach' is the best money I have spent since my divorce began. The knowledge and insight he has is priceless. The advice and direction he gave me was invaluable."
Dennis Hearne - Oak Hills, CA

"I didn't know how valuable your services would prove to be for me not only emotionally but also in helping me turn my case around. I am now enjoying 50% custody of my daughter on an every other week basis."
Eric - Los Angeles, CA

"Child Custody Coach's services far exceeded my expectations! With Steve's help, I managed to get 40% time share with my young 14-month old son despite a long distance between residences. I definitely could not have done it without Steve's help..."
Brad - Huntington Beach, CA

"I found Steve on the internet, and luckily for me, he was local, as I live in Southern California. I hired Steve, and through his recommendations I immediately saw results...with his coaching he really helped to make a difference in my case. I highly recommend his services to any Dad who feels he is getting the short end of the stick when it comes to divorce and custody."
MB - Irvine, CA

"Child Custody Coach is a must read for any parent involved in a divorce involving children...I found the information about attorneys to be very enlightening and have found thru very painful and expensive experience all this to be so true. If you ever felt your attorney was not telling you the "whole" story, Steven will enlighten you...I have found Steven's coaching and knowledge of the legal system to be invaluable..."
Kathie Lustig - OR
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