Divorce marks a critical life change for couples, allowing them to go back to a legal single status. The process can be complicated, with complex decisions to be made, especially when there are children involved. In such cases, the soon-to-be exes agree on the custodial rights each parent will retain and, depending on the situation, the visitation schedule. If they cannot resolve it independently, the court will do it for them. Read on for insights into laws on child custody and visitation rights.
How Custody Rights and Visitation Schedules Are Determined
Generally speaking, there are two possible routes that partners can take when resolving matters concerning child custody and visitation. Speaking to family attorney Samah T. Abukhodeir can prove to be quite beneficial at this time. For those unfamiliar with the terms involved and have wondered “what is child custody?” understanding this in the legal context is a crucial first step in this process. It can help you grasp the law better and understand nuances with more insight. They are outlined below:
- Agreement- Professionals recommend couples take this route because it is less time-consuming and cost-effective. Together with their divorce attorneys, the splitting spouses negotiate the terms of child custody and, if needed, the visitation schedule. Once they resolve, the lawyers draft an agreement with the outcomes shown to the judge during an informal court hearing.
- Court order- If the couple cannot finalize the terms on their own, the matter proceeds to trial, where a judge listens to both sides, considers the presented evidence, and then decides on the custody arrangement and visitation schedule. It is important to note that the court will use the child’s best interest standard when ruling. It ensures that vulnerable persons, i.e., children, are granted utmost protection, taking precedence over most child custody laws.
Whichever path the couple takes, the final decision must be approved by a judge for the terms to become enforceable.
Types of Child Custody Arrangements
Here are the different types of child custody arrangements available to divorcing partners in Florida:
Legal Custody
Legal custody empowers divorcees with the right to make critical decisions regarding the child’s upbringing, the schools they attend, the religion they follow, and the medical treatment they receive.
Note that a parent may be designated as the sole or joint legal custodian. Under the former, only one parent gets legal custody, while the latter is awarded when the exes are willing to cooperate.
Physical Custody
Physical custody gives the parent the right to provide a roof over their offspring’s head. It can be awarded to both parents when the child splits their time between their parents’ homes.
The type of custody awarded will depend on the specifics of the splitting partners. Sometimes, one parent may be awarded sole physical and legal custody, especially when the non-custodial parent poses a serious threat to the child’s well-being: they may be violent or abusive, and they will rarely be granted visitation rights. However, if both are willing to cooperate, the court may grant them joint legal and physical custody.
Visitation Rights
Sometimes, parents may receive visitation rights in place of custody arrangements or in addition to them. The terms of the arrangement are outlined in a document called a visitation schedule, delineating the child’s primary residence, permitted activities, and instructions regarding modification of the arrangement.
Legally speaking, parents can be awarded supervised or unsupervised custody, with the former being more common, where the parent spends time with their child without the supervision of a neutral third party.
Under supervised visitation, a neutral third party must be present when the non-custodial parent spends time with their child. It is also important to note that supervised visitation schedules are court-ordered, with the court appointing the individual supervising the visit.
Conclusion
Divorces can be emotionally jarring. Your emotions can cloud your judgment regarding important decisions like child custody and visitation. As such, hiring a child custody lawyer is in your best interest. They can help you stay focused on your child’s best interest, ensuring that your rights as a parent are well represented throughout the process. They will help you understand the different types of custody arrangements and represent you in the trial, should it come to that.
