Surprisingly, in Miami, and throughout all of Florida, no case or court allows for the “sole custody” of a child. Over time, the term “sole custody” has gained negative connotations. You can receive what is known as “sole responsibility” of a child, which functions the same as sole custody. You should know that courts do not use the term “sole custody” any more, but the concept is still there.
Florida law has established that custody statuses can include either parenting time or parental responsibility, which are two different things. Parenting time, or time-sharing, is the amount of time you may spend with your child.
Parental responsibility on the other hand, enables one parent to make the main decisions for the child. Below you will find all the factors that are considered when determining sole responsibility in Miami.
Reasons for Sole Custody
The Florida or Miami courts may give sole parenting responsibility to one parent, if the other is not stable enough. This happens when living with one parent may be dangerous to the child. For example, if one parent is an alcoholic, or abuses drugs, he or she will not be able to have responsibility of the child.
If the parent is also known to be violent or aggressive in the home, this may also be unsafe for the child. If the parent is diagnosed with a serious mental illness, it is unlikely that the court will grant them custody of the child.
When a couple gets divorced in Miami, there needs to be a parenting plan. This is required in order to make sure that each parent has his or her own responsibility to their child. For example, one responsibility could be making decisions regarding health care, and another could be about the child’s education. Once the parents have agreed to or created this plan, it must be approved by the court.
Having shared parenting can sometimes be complicated. It basically means that the parents must decide together when making choices for the child. Both sides have to agree. It does not mean that the parents have 50/50 custody of the child, but that both parents can have a say in the child’s life. Just because parents are separating does not mean that they have to divorce their children too.
If the parents get along with each other, and the divorce was “healthy”, then rotating custody may be beneficial for them. This really means that one parent has responsibility for the child for one period of time, and the other parent has responsibility of the child for the same period of time.
This is rather rare in courts, as most people who are divorced do not get along, but it may happen. Rotating custody can also affect the child in an unhealthy or confusing way, as he or she will keep switching houses and environments.
Divorce and dealing with child custody is not easy. It can be complicated to deal with legal issues, especially when it comes to your own family. Let us help you in all aspects of the divorce. Contact us now.