CHILD CUSTODY and VISITATION

The Florida Statutes use the terms "time sharing" and "parenting plan" when referring to what is commonly known as a "child custody." Of all the aspects of divorce, child custody is probably the most emotionally charged and fought over by the separating spouses. Many times parents allow their dispute to spill over into their children's lives, sometimes causing long lasting damage to the parent-child relationship. Ideally, parents would work out a privately-negotiated (out-of-court) agreement regarding child custody and visitation which they would then submit to the court for approval.

The main thing for divorcing parents to understand is that, while married parents naturally share custody and decison-making with respect to their children, when they divorce the courts and other government authoritites (such as the Department of Children and Families and the Florida guardian ad litem) take over the role of deciding what is best for their children with respect to the major decisions in the child's life (such as where the children will live, where are they going to attend school, how much money is necessary for the children's support, etc.). Tensions and disagreements between parents will end up being resolved by the courts and will usually not be entirely pleasing to either parent. In Florida, courts lose their authority to make custody orders when the children reach the age of 18 or become emancipated.