Some divorce proceedings can get messy, and, in most instances, children are in the eye of this storm. However, things are likely to turn out differently if one party is aware of the legalities that surround divorce. Read on to find out how to avoid a nasty custody fight in your divorce case.
What are the primary conflict points in a divorce?
Not all divorces are mutual, and as such, differences may arise. Such disputes typically revolve around child support, custody and visitation, among other issues with each spouse having their demands. When there is no common ground, courts place children’s interests first when making decisions following a divorce case.
The law is different in each jurisdiction when it comes to family matters. So, let’s look at several aspects of Florida law regarding child custody, which could help avoid an unpleasant legal contest.
Child custody under Florida law
Child custody defines the practical and legal relationship between a child and the parent or guardian. Custody can either be legal or physical, depending on the responsibilities as defined by state laws.
Florida has two kinds of custodial arrangements: sole custody, granted to one parent, and shared custody, awarded to both parents to share parental responsibilities. Keep in mind that sole custody does not entirely preclude the other parent from seeing their child.
Being aware of the law may be insightful in avoiding a potential child custody case that might not end up as expected, besides bearing unnecessary stress on the children. Remember, family law judges would prefer parents to make these decisions, including employing alternative dispute resolution mechanisms, but if custodial issues cannot be amicably resolved, the case proceeds to trial.
Be prepared for any eventuality, though, to ensure the desired outcome from your divorce case.