As a mother, your top priority is creating a stable, loving, safe, and nurturing environment for your child. If you’re wondering how to get full custody of a child as a mother as a Florida resident, there are several things you can do to ensure your child’s best interests are protected.
To achieve a favorable child custody order in a heated custody case, you need legal support from an experienced Tampa custody attorney, such as attorneys, Quinn & Lynch. Our family law attorneys provide the guidance and advocacy needed to gain full custody of your child as a mother, allowing you to protect your child’s best interests even in the face of contentious custody battles.
Call an experienced family law attorney at (813) 223-7739 to schedule a consultation and take the first step toward securing full custody of your child.
What is Full Custody in Florida?
In Florida, full custody, also known as sole parental responsibility or sole custody, means that one parent (the custodial parent) has the exclusive authority to make major decisions about the child’s life. Full custody also means that the child primarily resides with only one parent.
Full Legal Custody in Florida
In Florida, full legal custody means that one parent has the exclusive right and responsibility to make important decisions about the child’s life, including the child’s education, the child’s upbringing, and who the child spends time with. While the child’s parents can discuss decisions for the child’s life, the parent with full legal custody does not need to consult the noncustodial parent before making these decisions regarding the child’s well-being.
Full legal custody means also that the primary or custodial parent has more control over their child’s future, making the parent’s ability to weigh the child’s interests currently with the child’s future while maintaining a free and loving relationship paramount. Courts avoid granting legal sole custody to parents that present irrational and unpredictable behavior, as this is not in the child’s best interests.
Full Physical Custody in Florida
The child’s physical custody refers to the child’s physical residence. In Florida, full physical custody means that the child lives with one parent most or all of the time. A parent with full physical custody is responsible for the child’s care and the primary home. The noncustodial parent may have time-sharing or visitation rights, but the child will mostly reside with the parent who has primary physical custody.
Florida Custody Laws
Florida custody statutes consider the child’s best interests in the wake of divorce or legal separation in Florida. In general, F.S. § 61.13 states that child custody arrangements should always focus on the child’s best interests while also preserving the child’s ability to have meaningful relationships with both parents.
However, Florida’s local custody laws also stipulate that full custody or sole custody of a child may be preferable in situations of domestic violence, substance abuse, or other circumstances that could put the child at risk for physical harm.
If you’re in need of child protection and trying to figure out how to get full custody of a child as a mother in Florida, contact our Tampa family law domestic violence attorneys. Our family law attorney team will do everything in our power to help you get full legal and physical custody of your little one.
Parental Responsibility
In Florida child custody cases, “parental responsibility” refers to the rights and duties of parents to make decisions regarding their child’s upbringing and the child’s life, in general.
The court can award either shared parental responsibility, where both parents jointly make these decisions, or sole parental responsibility, also called full legal custody, where only one parent has the right to make decisions regarding the child’s life. Like all custody decisions, parental responsibility will be awarded based on what the court believes is in the child’s best interests.
Parental Time Sharing
In Flordia, parental time-sharing refers to how much time each co-parent spends with their child. This specifies where the child lives on given days and how holidays, vacations, and special occasions are divided between the custodial and noncustodial parent. The goal is to ensure that the child spends time with both parents, as long as shared custody ensures a safe and nurturing environment with each co-parent, does not put the child at risk of physical harm, and is in the child’s best interests.
How is Custody Determined in Florida?
The child’s well-being is always one of the most important factors in a divorce, but how is child custody determined in Florida? Following local custody laws, the court always considers what it believes to be in the child’s best interests.
The court will try to ensure that the decided-upon custody arrangement is best for the child’s emotional, physical, social, and educational welfare, and may even take into account the child’s preference in some cases.
Additionally, the court typically encourages shared custody or parental responsibility, where both parents are involved in decision-making, but may grant sole custody if it better serves the child’s welfare.
Rebuttable Presumption of Equal Timesharing
Florida’s rebuttable presumption of equal timesharing means that the court starts with the assumption that a 50/50 time split between both of the child’s parents is best for the child’s well-being. Florida law states that timesharing schedules should preserve the child’s relationship with the child’s father and mother to the best extent possible.
For those wanting answers on how to get full custody of a child as a mother in Florida, the rebuttable presumption of equal timesharing can significantly affect custody disputes. As a mother seeking full custody must provide compelling evidence showing why full custody better serves the child’s welfare.
Factors for full child custody, such as the parental fitness of the other parent, the child’s relationship needs, and any history of substance abuse, domestic abuse, child abuse, or neglect, are critical in overcoming this presumption and getting full custody of a child as a mother in Florida.
Reasons a Judge Will Change Custody of a Child in Tampa, FL
While joint custody of a child is often presumed to be the best for a child’s well being, this doesn’t happen in all child custody cases. If a pre-existing custody agreement is found to be detrimental to the child’s well-being, then the court may modify the child custody order and award one parent with sole custody.
Some of the most common reasons a Florida judge will change custody and how to get full custody of a child as a mother in Florida include:
- Physical or emotional abuse: Evidence of physical, emotional, or sexual abuse by one parent can lead a judge to change custody to ensure the child’s upbringing is in a safe home.
- Substance Abuse: If a parent is found to be abusing drugs or alcohol, the court may modify the court order and award full physical custody to the other parent.
- Child Neglect: A judge may alter custody arrangements if one parent is neglecting the child’s physical needs, such as food, shelter, education, or medical care.
- Physical or Mental Illness: Custody may be changed if a parent’s physical or mental illness significantly impairs their ability to consider the child’s well-being.
- Abandonment: When a parent has abandoned the child by failing to maintain contact, failing to provide child support, or signing away parental rights, the court may grant custody to the other parent.
- Relocation: If a parent relocates without the court’s consent or in a manner that disrupts the child’s emotional well being or the child’s relationships with their family members, custody may be reassessed.
- Incarceration: A parent’s incarceration can result in a change of custody to ensure the child is in a safe and stable living situation.
How to Win Full Custody as a Mother in Tampa, Florida
For those learning about how to get full custody of a child as a mother in Florida, there are a number of things that you can do to win full custody of your child in Florida. This can include having the other parent sign over their parental rights, negotiating an arrangement with the other co-parent, or presenting evidence in court in order to be granted full custody.
If you are a mother worrying about how to get full custody in Florida, you need an experienced family law attorney to help prove that you are drastically more fit to care for your child’s well-being.
Tampa mothers can turn to the dedicated custody attorneys at Quinn & Lynch, P.A. for help with contentious custody battles. You should not have to co-parent your child with someone who does not have your child’s best interests at heart, and we will fight tirelessly to ensure you gain full child custody in court. We understand what can be used against you in a custody battle in Florida and work tirelessly to provide the best possible outcomes for our clients’ children.
Call (813) 223-7739 to schedule a consultation regarding your child custody case.
How To Get Full Custody of a Child as a Mother in Cases of Abuse
Thanks to Greyson’s Law, in cases of abuse, particularly when one parent displays irrational and unpredictable behavior, the other parent may request to modify their custody agreement if they have reason to believe that their child is in danger.
Getting Sole Custody When the Father Signs Over His Parental Rights
One of the easiest ways to get full custody of a child as a mother in Florida is if the child’s father signs over his parental rights. By signing over parental rights, that parent (typically the noncustodial parent) relinquishes all legal rights and responsibilities to the child, including custody and visitation.
The court will evaluate the situation to ensure it’s in the best interests of the child, considering factors like the father’s willingness to give up rights, the mother’s financial stability, the ability to provide for the child’s needs, and any potential impact on the child’s well-being. If approved, the mother would then have sole legal and physical custody of the child.
Child Custody With a Father Trying to Take Custody From Mother
In contested custody cases, a mother seeking full custody in Florida would need to present compelling evidence to the court demonstrating that such an arrangement is in the child’s best interests.
The court will carefully consider evidence of the mother’s fitness as a parent and any concerns about the father’s fitness or behavior in relation to the child’s welfare.
Negotiating a Parenting Plan
One way for a mother to gain full custody of a child in a Florida custody battle is to negotiate a parenting plan with the father. When negotiating a parenting plan, the mother should approach the situation with a focus on the child’s best interests and open communication. The mother can propose a detailed parenting plan that outlines responsibilities with respect to the child’s education and schedule, emphasizing the importance of maintaining a strong relationship with both parents.
A family law mediator or lawyer could also help facilitate productive discussions and help ensure that the resulting parenting plan addresses the child’s needs while considering the legal rights of both parents.
Dependency Court
If the child is at risk of physical harm, or the mother has reason to believe that the father could put the child’s well-being at risk, then the mother can take the custody battle to a Florida dependency court. The dependency court handles cases of child abuse, neglect, and abandonment and can ensure that the child is removed from any custody arrangement that would place them in danger.
While Florida’s dependency courts don’t actually handle custody disputes, decisions made in dependency courts can affect custody arrangements, preventing an abusive parent from seeing their child, even if they have sole or joint custody.
How to Get Full Custody of a Child as a Mother Who’s Child Was Born Out of Wedlock?
In Florida, if a child is born out of wedlock and there are no custody agreements in place, the mother automatically has full custody. The biological father must establish paternity through the court to gain any parental rights or responsibilities concerning the child.
How Can a Mother Get Custody Back in Tampa, Florida?
In order to regain custody of a child in Florida, a mother must demonstrate that there has been a significant change in her circumstances since the original custody order. The mother must file a petition with the court and provide evidence supporting her case, showing that regaining custody is in the best interest of the child. A family law attorney can also assist a mother in attempting to regain custody.
Can a Mother Lose Custody For Not Having a Home in Florida?
In Florida, a mother can potentially lose custody if she does not have a stable home, as the court’s primary concern in custody decisions is the child’s well-being. However, custody decisions are not solely determined by housing status. The court will consider the overall circumstances.
Can a Mother Lose Custody for Not Having a Job in Florida?
Custody decisions are more dependent on financial stability and a parent’s ability to provide a child with a stable home. Unemployed mothers do have some stay-at-home mom divorce rights and mothers can potentially retain custody, depending on the mother’s overall situation, her efforts to gain employment, and the presence of other supportive resources.
How Our Tampa Child Custody Lawyers Can Help
If you are looking to retain full custody of your child, you need a Tampa divorce attorney who can help ensure the best possible outcome for you and your child. The child custody attorneys at Quinn & Lynch, P.A. are here to help.
Our family law attorneys understand how difficult it can be to understand the legal system. We also approach every custody case with the compassion and empathy it deserves.
We stand ready to help you as a mother through the custody process, providing you with the legal support you need to preserve your child’s best interests. In addition to child custody, we also handle a variety of other Florida divorce disputes, including child support, alimony, and more.
Call us at (813) 223-7739 or fill out our contact form to schedule a consultation with a Florida custody attorney.
