When considering asking the Court for sole full custody of a child in Florida, the Court will look at the best interest of the child. In most cases, this means that if both parents are alive, then it will be in the best interest of the child to have both parents involved in the child’s life. In some cases, the Court may allow full custody of the child in Florida if one of the parents is a felon, has been found guilty of domestic violence, or any act against a child.
If a child has two living, fit parents, both share the right to custody of the child1 and have a constitutional right to be free of undue interference by the state so long as they remain fit and agree howto parent the child. If they cannot agree, the circuit court is generally empowered to resolve the disputes.
When a child is born outside or a marriage, and no person has attained legal father status under the paternity law, the mother has sole custody. This means that the Dad must petition the court for paternity in order to be considered the legal father of the child. Attaining legal father status, however, does not automatically give the father any specific custodial, visitation, or time-sharing rights. The legal father’s rights are not there until the Court determines they are. When only one parent is alive, that parent has sole custody of the child.
Want to know if you have the right to sole full custody of a child in Florida, call us for a free in person or by phone consultation at (786) 454-2411.
Or, if you so wish, give us some insight into what’s going on with your situation and we can reply via email.