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Custody in Florida is determined based on the best interests of the child. The court considers various factors, including each parents ability to provide for the childs needs, the childs relationship with each parent, and the moral fitness of the parents.
The new law establishes a rebuttable presumption that equal timesharing (50/50 custody) is in the best interest of the child. Unless compelling reasons exist, courts will lean toward equal parenting time.
Joint custody arrangements are the most common type of custody agreement. With joint custody, both parents split time with the child. Children travel between each parents homes on a regular, scheduled basis. Time for holidays and special occasions is also divided between each parent.
Ultimately, the 50/50 timesharing presumption acts as a guideline for family courts in Florida when determining how divorced or separated parents will divide time among their children.
In Florida, a judge will typically rule in favor of shared physical custody so that each parent would have the opportunity to spend time with their child on a regular basis. In regard to legal custody, however, it is a parents ability to make major life decisions that differentiates the two.
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