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The laws of Florida governing child support, child custody and visitation are contained in Chapter 61 in Florida statutes, available at this link.
To fully understand Florida law, it may be necessary to read and interpret statutes with case law and regulatory law. It is also important to know if law is up to date. For these and other reasons, it is always best to consult with a qualified family law attorney to know how the law applies to your particular situation. The following legal summaries are not intended as legal advice and should not be relied on as such. They are intended only as an introduction to the way that the law functions in these areas.
Child Custody in Florida
Child custody is based on what the Court determines to be in “the best interest of the child.” Florida gives shared responsibility to both parents unless it is determined that this is detrimental to the child. In considering the best interest of the child, the Court can order sole parental responsibility with or without time-sharing to one parent and it may grant one parent responsibility over different areas of the child’s welfare including education and health.
There are at least twenty factors that are included in determining what the best interest of the child is in determining parental responsibility.
The factors include:
• Reasonable preference of one child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference
• Mental and physical health of the parents
• The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline and daily schedule for homework, meals and bedtime.
For a full list of factors, see Section 61.13
Child Support in Florida
Child support is a court-ordered payment by one parent to the custodial parent of a minor child, generally after divorce or separation. In Florida, child support is determined by a calculation that is described in Florida Statute 61.30 (which can be found here).
In order to determine how much money each spouse is responsible to pay for the support of their children, a number of steps must be followed. These steps are explained in detail in the Florida Child Support Guidelines Worksheet, which may be found here (PDF file).
• First, each parent’s net income must be determined. “Net income” is defined as gross income minus allowable deductions (see the statute for more information on calculating net income).
• Second, both parents’ net income is combined. Then using the “child support guidelines chart” (which may be found in the Florida Child Support Guidelines Worksheet, for which there is a link above), the appropriate amount of total child support may be determined.
• Third, the percentage of the child support that each spouse is responsible to pay is determined. This is done by dividing a spouse’s net income by the combined net income of both of the spouses. The resulting percentage is the percentage of total child support for which that spouse is responsible. For instance, if a father’s net monthly income is $3,000 and the total combined net monthly income of both spouses is $5,000, then the father would be responsible for 60% of the total monthly child support obligation.
• Fourth, the percentage of financial responsibility is multiplied by the total basic monthly child support obligation to determine the actual dollar amount of child support for which each spouse is responsible.
After these first four steps, other considerations are taken into account to determine the actual final amount of child support for which each spouse is ultimately responsible. It is only after these considerations that a final amount can be determined. This calculation may be made by using the Florida Child Support Guidelines Worksheet, which may be found here (PDF file).
In Florida, parents are obligated to financially support their children until the child reaches age 18. Florida courts can adjust based on the changing needs of a child or children, different living arrangements, and other factors. In the event that one party is unemployed, the Court will determine whether or not this is voluntary. If it is determined that it is voluntary, the Court will base child support on factors including skills and past salary history.
Child Visitation in Florida
Florida courts generally prefer that parents agree upon a visitation schedule themselves. However, where parents cannot come to such an agreement, a court will generally determine visitation rights and set forth a visitation schedule.
Under Florida law, a parent who does not have primary custody of a child will generally be allowed “fair and reasonable visitation” unless a court determines that visitation would in some way endanger the child or adversely affect the child’s wellbeing.
There is no standard definition of “fair and reasonable visitation” for all cases. What is “fair and reasonable” in one case may not be “fair and reasonable” in another case. Each family’s situation is considered carefully by a court in determining visitation rights and a visitation schedule. Some factors that a court may look at include the age of the children, the place where visitation is to take place, the child’s school schedule, the relationship between the parents, and any special needs of the child.
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