Child Custody Disputes in Jacksonville Florida

Jacksonville FL Child Custody Lawyers

In the state of Florida the laws are constructed in such a way as to guide couples who are engaged in a dissolution of marriage proceeding toward an uncontested resolution. The fact that it is a no-fault divorce state removes the incentive for finger pointing, and this approach has been implemented in large part as a way to minimize the impact of the marital breakup on any children who may be involved.

In fact, rather than facilitating a rigid either/or custody decision, the policy of the state of Florida is to assert the ethos of shared parental responsibility. Under Florida law the father has the same right to potential residential care and decision making authority in behalf of the children as the mother, and the parents are encouraged to share parental responsibility equitably in a manner that serves the well being of the child or children involved. The underlying belief is that the children will benefit from frequent contact with both parents and input from each regarding important decisions that are made on the children’s behalf.

However, there are cases when the parents of the children cannot agree on a shared parenting plan. The first step before appearing before the court would be to seek third party mediation in an effort to settle the dispute. But when it becomes necessary, the court will make a custody decision based on the Uniform Child Custody Jurisdiction and Enforcement Act. The court will make this decision with the overarching principle of shared parental responsibility as a guide, and once again, there will be no inherent preference given to the mother.

Matters of child custody entail two different aspects, and many people may not recognize this. Physical custody is just one part of it. There is also what is called legal custody, and this entails the right to make decisions concerning the child or children, typically involving matters like religious affiliations and school choices. In spite of the general preference for shared parental responsibility, the court is empowered to grant sole custody on one or both of these counts to one parent if it feels as though that is what is appropriate given the circumstances surrounding the case.

If you would like some more information about child custody disputes, the best course of action is to contact an experienced Jacksonville FL family lawyer for a free consultation.