“Full custody” is not really the legal term, under Florida law the term is “sole parental responsibility.” This is equivalent to “Custody”.
When a parent is awarded “custody” in another state and the judgment is registered in Florida, that is the same as sole parental responsibility under Florida law.
Public policy protecting a child’s right to have both parents in his life is strong, but it is not the “law” in Florida. Nowhere is it written that a child must spend 50% of the time with the father and 50% of the time with the mother. The only requirement under Florida law is “THE BEST INTEREST OF THE LAW”.
Does a felony offense by one parent make it so you can get sole custody?
Even where one parent has been convicted of an offense that might justify the State in taking the child away from the parent through dependency, the law merely takes into account that the other parent should have sole parental responsibility. This is what the law calls a “rebuttable” presumption, which means that if the other parent comes before the court and shows that they are not as bad as the court thought they were.
How can I get full Custody of my child?
You must prove that the influence of the other parent is in some way detrimental to the child. You may be able to justify sole parental custody by proving mental disorder or substance abuse problems.
What do we suggest? We suggest you speak to us for 1 hour at NO COST, and lets us give you some advice. Don’t let other lawyers tell you that in Florida 50/50 is the law, it’s NOT THE LAW.
Call today for a free consultation 305-395-3444 or send us an email with your questions or situation to [email protected] also visit here for more information about what services we offer in Family Law.