Can A Father Get Full Custody In Florida?

One of the most stressful things that a parent can go through in life is a custody battle. Many fathers fear when going through a custody hearing that the court will automatically be more likely to award custody to the mother. Both parents have equal claim to custody under Florida law. In fact, courts are highly unlikely to award full custody to either parent. That is because Florida makes custody decisions based on the best interest of the child standard. Under this standard, it is presumed that it is in a child’s best interest to remain connected to both of their parents, so joint or shared custody is always preferred. However, in some circumstances, sole custody may still be awarded to one parent.

When Can a Father Get Full Custody?

In order for a parent to get full custody of their child or children, they must be able to establish that it is in the child’s best interest to award full custody to them, and that awarding joint custody would have a negative impact on the child. If both parents mutually agree to one parent having full custody, the court is likely to honor that decision unless it does meet the best interest of the child threshold. In the event that parents disagree, you will need to clearly demonstrate that joint custody would be harmful to your child. This may be the case if the child’s mother has an ongoing substance abuse issue, has abused the child, or has neglected or abandoned the child. If you can prove that this is the case, the court will likely agree that joint custody is not in the child’s best interest. You will also have to show the judge that you are willing and able to care for the child and to meet your child’s needs. It will be important that you have the time, income, and support to properly care for your child. The court may consider other factors in deciding on custody as well, such as whether awarding the father full custody would allow the child to maintain the greatest degree of normalcy and minimize the disruption to their life. Additionally, if the father has been the child’s primary caretaker, this also weighs in favor of awarding custody to the father because it requires the least amount of change and disruption to the child’s routine. If you are a father you may feel like the odds are stacked against you, but if you have a valid reason for wanting full custody of your child, an experienced Florida family law attorney can help you present the best possible case for custody.

Contact Bubley Law to Schedule a Consultation

Bubley & Bubley, P.A. is ready to fight for the best possible outcome in your custody case. When it comes to custody hearings, having a dedicated legal advocate to represent your interests and ensure that you and your child’s rights are protected, can make all the difference. Contact our Tampa family lawyers to schedule a consultation today.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html