The old way of thinking was that you wanted to “win custody”, and have the child all to 
yourself. However, to deprive a child of the involvement of the other parent is not usually in the best interests of the child. Florida law has moved in the directions of flexible parenting plans.
Child custody generally refers to the care, control, and maintenance of a minor. The old legal concepts of refer to custody, visitation, primary residential parent, and secondary residential parent.
It is also important to understand that the law has changed, and instead of am emphasis on custody, it’s all about developing a parenting plan where parents share the responsibilities of child rearing.
State Law
Another preliminary issue is determining which state has jurisdiction over your child custody proceeding. For some the answer will obviously be Florida, but here is a quick run down so you are at least starting out in the right state (always helpful).
It’s important to understand that all child custody proceedings in Florida are governed by the Uniform Child Custody Jurisdiction and Enforcement Act. Basically, this Act requires all child custody litigation take place in the courts of the child’s “home state,” which is defined as the state where the child has lived with a parent for six consecutive months prior to the commencement of the proceeding (or since birth for children younger than six months).
Concepts for Florida Child Custody Issues
It is very important to keep in mind that the overarching principle regarding every decision the court makes for a child is to act in “the best interest of the child.” This central dogma touches every aspect of child custody issues.
Florida law states that it is in the best interest of a child:
- To ensure that each minor child has frequent and continuing contact with both parents; and
- To encourage parents to share the rights, responsibilities, and joys of child rearing.
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.