ABANDONMENT: Sometimes parents can`t or won`t take care of their child. If a parent has shown little interest in their child and has failed to maintain contact with them, you may want sole custody so that the parent cannot reappear years later to exercise custody as a virtual stranger. If one of the parents has sole custody, his or her child lives with him or her on a full-time basis and receives (possibly supervised) visits with the other parent, unless the court concludes that the visits would not be in the best interests of the child. MOVE: If a parent is considering leaving the state or country, it may be preferable for one of the parents to have sole custody. Exclusive parental responsibility is very rare, but can be used even if shared parental responsibility is not in the best interests of the child. When exclusive responsibility is transferred, only one parent has the power to make decisions on behalf of the child – without having to consult the other parent. Even if exclusive parental responsibility is vested in one parent, timeshare can still be granted to the other parent, whether supervised or not. However, if time-sharing is not in the best interests of the child, the courts cannot enact such provisions. The chances of obtaining sole custody vary greatly and depend on the circumstances of your case. Parental responsibility alone is often lifted when shared responsibility poses a risk to the child. Courts will determine several factors and require evidence to prove that shared responsibility for children is prejudicial and not in the best interests of the child. Here are some reasons why the court may approve sole custody: The purpose of shared parental responsibility is to keep both parents active in a child`s life. Shared parental responsibility is the norm in Florida, regardless of how much time the parties have with the child.

A parent does not have to be convicted of violence or even arrested for domestic violence. As long as the other parent has evidence of one of the above scenarios, the judge can transfer exclusive responsibility to a single parent. Florida courts prefer shared responsibility – as long as it`s in the best interests of the child. Shared parental responsibility means that parents are jointly responsible for making important decisions for the child, including medical treatment, childcare and education. The clearest reason to seek sole custody is to protect your child from physical harm, especially if the other parent has faced one of the following questions in the past: Determining what type of parental responsibility and parenting plan is appropriate for your case is not easy. A lawyer can review your situation and help you with your custody case. Schedule a consultation with a divorce lawyer at McMichen, Cinami & Demps today by calling us at 407-898-2161 or filling out an online contact form to ask us your questions. If the other parent does not contest your application for sole custody, the lack of interest usually forces a judge to grant sole custody. If the other parent decides to fight for custody, you may face a long struggle. Be prepared to show why sole custody is in the best interests of the child and to substantiate any allegations you make.

Ideally, Florida courts want both parents to share responsibility for decision-making equally, but that doesn`t always work. As a general rule, very special circumstances are required for a parent to be entrusted with the exclusive parental responsibility (decision-making power) of the child. DETENTION: If a parent is detained, he or she cannot give the child a home or care for the child. In this case, you may want to apply for sole custody and the other parent may be able to visit the child after his or her release from prison. Don`t feel pressured to take your child to a parent in jail if you think they might be hurting them emotionally. Above all, sole custody must serve the best interests of the child, not the other parent. If one of the parents has sole custody, they can make all important decisions about the child without consulting the other parent. this includes decisions regarding medical care, education, religious education and moral development. The other parent can always make small daily decisions when caring for the child.

If parents cannot agree on how to make important decisions for children, such as the health, education and well-being of the children, the court will make that decision. ABUSE: If one of the parents has sexually attacked or abused the other parent or a child, this represents a clear danger to their child. You can add a visiting schedule for the non-custodial parent, as well as parental regulations such as prohibiting alcohol consumption during visits. Most courts assume that children benefit from spending time with both parents. However, they know that joint custody is not appropriate in all situations. MENTAL ILLNESS: A child should be protected from a parent who is psychologically unstable and exhibits irrational and unpredictable behavior. For example, a child should never be left with a suicidal parent. .

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