How Do I Get Sole or Full Custody of a Child in Florida?

Quick Info: How can I get sole custody or full custody?

The Florida courts will not allow a complete “cut off” of the other parent’s right to see their child, have overnights with their child, have a relationship with their child, or make decisions regarding the child. What the courts WILL DO is implement common-sense provisions to protect a child. The courts can give a parent shared responsibility with one person making the tie-breaking decision if they cannot decide on an issue, supervised visits, daytime visits, or sometimes no visits until a condition is met such as mental health evaluations. The realistic outcome for people that want what they call full custody/sole custody is that the other parent’s responsibility and or time-sharing is limited in certain ways.

Introduction

You can get sole parental responsibility and limited or supervised time sharing in Florida in rare situations in Florida but you cannot get sole custody in Florida. Sole custody is a term no longer used in Florida since 2011. Attorneys who have been practicing for a very long time still call it custody and essentially it is the same thing. You will need a good custody attorney, one that believes in you and has a compelling story. It will be an uphill battle and many people will fail. But if the other parent is unstable, unreliable, on drugs, or simply dangerous and you have recent documentation of this – sole custody (or parental responsibility/ majority time sharing) may be an option.

What is Sole Parental Responsibility and Time Sharing?

Based on hundreds of cases and contact with many parents, we observe that clients want the following when they speak of getting sole parental responsibility or time sharing. In fact most people who come to our office still call the concept custody and visitation:

Request a Free Consultation

• The ability to make one-sided decisions on most major issues
• The decision-making authority to determine when or where the other parent will see their child and how often they see their child and who will be around the other parent when they see their child.

Author’s note by Attorney Howard Iken: The article discusses the concepts of sole parental responsibility and time-sharing in Florida family law. It explains that these terms replace the previous concepts of custody and visitation. The article also provides examples of situations where a court might award sole parental responsibility to one parent. It emphasizes that obtaining sole custody is difficult and requires strong evidence of harm or danger to the child. The article suggests alternatives to sole custody, such as negotiating a parenting plan or modifying a current judgment. It also advises parents to prioritize their desires and seek expert legal assistance.

Additional Legal Info

How to Prepare for a Child Custody Mediation in Florida

Getting Child Custody and Support

Expansion of Custody Rights for Deployed Military Members

Divorce and Custody in the Miami Jewish Community

Request a Free Consultation with Our Legal Team