The above statement is something that is heard often by many Florida family law professionals, and each time it comes up, the following needs to be explained.
The word “custody” in Florida law is an archaic term, and although it is obsolete, it seems like it simply won’t go away. This is likely because the term has been deeply engrained within our society. People have either first-hand knowledge of “custody,” or they know someone who has been through the family court system. Either way, what people generally think they are fighting over when they call a lawyer is a physical ownership of sorts over their children. (e.g., “I want FULL CUSTODY of my kids. They’re MY kids, and I don’t want her to have them anymore.”) What people need to understand however, is that in Florida it is public policy that both parents “enjoy the rights and responsibilities, and joys, of childrearing.” Florida Statute 61.13(2)(c)1. The rigid division of legal rights into “physical custody” and “legal custody” no longer apply to family cases in Florida, and the term “custody” no longer exists in Florida law. Therefore, it is very important to understand that you cannot fight for, or over, what no longer exists.
So, if there is no such thing as “Custody” anymore, what governs your rights and responsibilities as a parent? Among other things, the short answer for purposes of decision making and time spent with the child fall under Florida Statute 61.13.
To be more specific, nowadays the concepts that need to be discussed when consulting a family law attorney are: (1) Parental Responsibility, (2) a Parenting Plan, and (3) a Timesharing Schedule. Parental Responsibility refers to the decision making for your child. These decisions may include, but are not limited to, such things as health care, education, and religious preferences. Simply put, Parental Responsibility can be broken down as follows: (1) Sole Parental Responsibility, whereby you are the only one making decisions on behalf of your child; (2) Shared Parental Responsibility, whereby you must confer with the child’s other parent and make decisions jointly; or (3) Shared Parental Responsibility with Ultimate Decision Making Authority, whereby you confer with the other party, but you may have ultimate say in what choice is to be made. As for who spends what time with the child, parties are now required to establish what is called a “Timesharing Schedule,” whereby you actually lay out a specific schedule detailing who will have the child on which nights, and when/where the exchanges of the child will take place. Such schedules are typically written out to illustrate a two week period that will then usually repeat for all weeks subsequent. As for holidays, birthdays, etc., all of those days are also divided up and written down. The remaining rights and responsibilities are also explicitly written down within the parties’ overall “Parenting Plan,” which typically illustrates things including, but not limited to, child support, tax credits, health care coverage, day care, communication, travel, etc. Overall, when it comes to decision making and time spent with the child, it is all based on what are known as the “Best Interest of the Child Factors.” You can read all of these factors in Florida Statute 61.13(3).
For more information on this subject, consult a family law professional.