How To Get Full Custody of a Child as a Mother in Florida?

Historically, family courts in both Florida and around the country followed the “tender years” doctrine, which favored mothers in custody cases. However, times have changed, and the gender of a parent is no longer the deciding factor in child custody cases. With precedents constantly changing, you may be wondering how to get full custody of a child as a mother in Florida. Understanding the state’s unique custody laws is crucial when fighting for your parental rights.

What Is “Full Custody” in Florida?

“Full custody” is a more casual term that refers to sole parental responsibility. A Florida parent has the opportunity to receive full custody, both with physical custody and legal custody. Over the years, there has been an increase in men receiving more custody rights, as more states adopt doctrines that promote the best interests of the child over automatically assuming the mothers should receive full custody. As of 2020, 21% of children lived only with their mother, and 4.5% lived only with their father. For many families going through a divorce, these custody arrangements are often decided alongside financial obligations such as child support.

Types of Full Custody in Florida

There are two main forms of legal custody that a Florida parent can hold. These are known as:

• Full Legal Custody
  A Florida parent who receives sole legal custody is given the exclusive right and responsibility to make all major decisions for their child. These decisions include where the child is educated, where they receive healthcare, and whether or not they have a religious upbringing. The noncustodial parent can still discuss these issues with the custodial parent, but they do not have the final decision.The court only grants sole custody in very specific and rare situations, as it gives one parent a huge amount of control over a child’s life. The court’s primary concern is always what is in the child’s best interest, and most believe it is in the child’s best interest for both parents to have an active part in raising them.
• Full Physical Custody
  Physical custody in Florida refers to who the child will mainly live with. This parent is then responsible for the child’s day-to-day care and providing them with a stable home. The other parent, called the noncustodial parent, may still have visitation or time-sharing rights. When a parent is given full physical custody in Florida, they hold the sole rights to have their child live with them.

Situations That May Lead to Full Custody in Florida

While every child custody case in Florida is different from the next, certain situations can influence a court to award one parent full custody. One parent must prove to the courts that joint custody is not in the child’s best interest, usually through one or more of these situations:

• Abuse or domestic violence occurred
• Neglect occurred
• The parent has a substance abuse issue
• A parent has been consistently absent from a child’s life

How Do You Get Full Custody in Florida?

When attempting to get full custody as a mother in Florida, you should follow these steps closely:

1. Hire a Child Custody Lawyer: The smartest thing you can do in a child custody case is hire a child custody lawyer who can advocate for your parental rights and the best interests of your child. Custody cases are often contentious and require complex proceedings, making it crucial that you have a knowledgeable advocate on your side.
2. File a Petition: Once you have hired a legal professional, you can file a custody petition with your local county clerk’s office. Your lawyer can help you fill out and file the proper forms, ensuring no errors are made.
3. Serve Your Co-Parent: After filing, you must serve the petition to the other parent. Your co-parent then has 20 days to respond. They can either agree with the petition, contest it, or propose an alternative option. This process is especially important in paternity cases, where legal rights and responsibilities must be clearly established.
4. Proceedings Begin: Once everything is filed, served, and answered, you will proceed to mediation or court hearings. If you and the other parent are not able to settle in mediation, a judge will order a hearing to settle any disputes. During the hearing, both you and your co-parent can present evidence and any relevant supporting information to the judge.

Choose Benzion Law

At Benzion Law, our team can help you navigate the complex child custody process in Florida and ensure that your voice is heard throughout each proceeding. We understand how daunting it is to worry about the future of your child and are dedicated to advocating for their interests. We have helped countless Florida parents pursue full custody and protect their children. Don’t wait to see how we can help you file for full custody today.

FAQs

How Do the Florida Courts Decide Who Gets Full Custody?

To make any custody decision, Florida courts consider the “best interests” of a child. Florida courts presume that shared parental responsibility is always in the child’s best interest. Still, a parent can seek sole parental responsibility if they can prove the other parent is unfit or that more equal custody arrangements will be detrimental to the child’s well-being.

Do Mothers Automatically Get Full Custody in Florida?

No, mothers do not automatically get full custody in Florida. The state, as with many others, has moved away from gender-based preferences and instead chooses to focus on a shared parental responsibility model. This presumes that equal time-sharing is in the child’s best interests, and the court’s primary concern is always going to be the child’s well-being.

What Should You Do When the Father of Your Child in Florida Is Not Equipped for Custody?

When you’re worried that the father of your child is not equipped for custody, it’s crucial that you work with a lawyer who can help you collect evidence that demonstrates this to a judge. Your lawyer can present arguments to the court to support your claim that they are an unfit parent if there has been a history of domestic violence or abuse, substance abuse or addiction, neglect or abandonment, or other criminal conduct or incarceration.

How Do You Seek Full Custody If You Already Have an Order in Place in Florida?

If there is already a child custody order in place, you need to file a Supplemental Petition to Modify Child Custody through your local family court. To request a modification to an existing order, you must prove that there has been a substantial change in your situation since the original order was placed. This could be because the other parent has relocated, there has been new evidence of neglect or abuse, or other large issues.

Hire a Child Custody Lawyer From Benzion Law Today

At Benzion Law, our team is dedicated to providing Florida parents with compassionate and empathetic legal support. We can guide you through every step of the custody process, fighting for your parental rights every step of the way. Contact us today to schedule a consultation.