How Child Custody Arrangements are Determined by the Courts
Child custody arrangements generally allow both parents to spend time with their children, supervised or unsupervised. These schedules are usually established by the courts with input from the parents. In some cases, parents may have to travel to see their children because of the distance between their homes. A child visitation schedule will outline which parent will get the child most often during certain times.
Possession of the child: Possession of the child means the parent will see the child in person, decide where they spend time, and make decisions about where they go. Possession also means the parent will have access to the child’s school records, extracurricular activities, and other records. It is important to note that possession does not automatically mean physical visitation, which is a separate consideration in child custody disputes. However, if the parents are not able to agree, parent coordination will be the best option for the child.
In Florida, a standard possession order describes how much time each parent has with the child at a given time. This schedule allows the child to have a predictable routine. The parents can also work out a new schedule, but the court may not enforce it unless both parents agree on it. The child custody arrangement can help the children develop the best possible environment. In addition, it can allow each parent to spend more time with their child.
If the parents cannot agree on child custody arrangements, the court can use the child protective agency to enforce their visitation rights. In extreme cases, the agency may even move the child from one home to another, if the other parent takes too much visitation. In other instances, a parent can be arrested for kidnapping the child. While these measures may seem extreme, they may be necessary if the child is in danger. It is important to understand those child custody arrangements are not set in stone, and can be changed at any time. A qualified Miami attorney specializing in child custody can help you navigate the process.
Changing a child custody order can be complicated and stressful. Although the process varies slightly from state to state, the main objective is to maintain stability for the children. In order to change a custody order, a parent must show that there has been a substantial change in circumstances. The court will then hold a hearing to determine whether the change is in the child’s best interests. The court will then implement the new order.
In cases where one parent is violent, the court may restrict visitation. This is intended to ensure the child’s safety while the violent parent is away. Moreover, the court may order supervised visits. A judge may also order confidentiality of a parent’s address. If the court feels the need, it can even order that one parent be excluded from visitation with the child.
Physical custody involves the decision-making power of both parents. A joint physical custody arrangement requires both parents to communicate and make decisions together. A joint custody arrangement can include extended visitation or joint physical custody. This type of custody agreement is typically longer than 143 days. Physical custody also determines child support obligations. If the child is living with one parent, the other parent will pay child support.
In addition to child custody agreements, a mother can also request custody of her child if the father is the child’s legal father. In this situation, the legal father must sign an Acknowledgement of Paternity or an Order of Filiation with the court. Moreover, the legal father must be listed on the child’s birth certificate to establish paternity. If the parents are unmarried, then the birth mother’s spouse is presumed to be the child’s parent.
If the two parents cannot agree on custody, a court will conduct a hearing to determine custody. The judge will take testimony from both sides and make a final decision. The judge may also appoint a lawyer to represent the child. The court will then issue a custody decree. A judge will usually approve any custody arrangement reached by the parents as long as it doesn’t endanger the child. The court may halt the custody arrangement if the child is in jeopardy.