This is one of the questions that we get all the time. First of all, the term “full custody” 
doesn’t exist in Florida in a legal sense.
First what is sole custody is. There is a lot of confusion among parents in Florida as to exactly what they should call their desired vision of parenting.
The Florida family law courts and custody statutes define two separate but linked issues: parenting time, and parental responsibility. Parenting time defines with parent receives time with their child and what the contact schedule will be. Parental responsibility defines who makes the “big picture” decisions about their child.
Based on hundreds of cases and contact with many parents, we observe that clients want the following when they speak of getting sole custody, or full custody:
- The ability to make one-side decisions on most major issues
- The decision-making authority to determine when or where the other parent will see their child.
Some parents believe sole custody is akin to the concept of completely terminating the other parent’s rights. That belief is not realistic or achievable in family law court – except under extraordinary circumstances. Only an attorney can gauge if that outcome is a possibility. Normally it is not.
The Reality of Getting Sole Custody
The Florida courts will not allow a complete “cut off” of the other parents right to see their child, have overnights with their child, or have a relationship with their child. What the courts WILL DO is implement common sense provisions to protect a child. That is the realistic outcome for people that want full custody / sole custody.
A List of Realistic Outcomes
- A restriction on overnight visits if there are extreme circumstances such as drug abuse
- Supervised visitation – only if there is absolute proof showing the other parent is a danger
- One-sided decision-making authority – if you can prove the other parent does not have the capability to make rational, child oriented decisions.
The courts are clear against the concept of sole custody. In order to achieve any of the listed outcomes you must have a clear, urgent, and prove able reason why the court should do exactly what you want. This is not an easy task for anyone to do. Self-represented parents are unlikely to get anything resembling sole custody.
Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.
For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.