Under Florida child custody law, parents do not necessarily have to go to court to determine the child custody arrangement they will follow. If a child’s parents are able to come to an agreement on the custody arrangements they want to use, they can put their agreement in writing and submit it to a court to be approved.
By coming to an agreement outside of a courtroom, the parents can save themselves both money and time, as they will not have to spend their time in court arguing over custody. Child custody agreements outline which of the parents will care for the child and make important decisions about the child’s upbringing.
The parent who has physical custody of the child is the parent with whom the child lives. The parent who has legal custody is the parent who makes important decisions about issues like education, medical cases, and religion for the child.
These agreements can also address grandparents custody, if desired. Parents can decide together which parent has what rights over the child.
Even though a child’s parents do not necessarily have to go to court to work out these types of issues, a judge will have to sign off on the agreement before it will be legally binding. Until an agreement is approved by a court, neither of the parents can make the other parent face any consequences for not adhering to the terms.
It is important to be aware that courts may modify or remove certain sections if it does not think they would be in the child’s best interests. However, courts typically approve these agreements since the parents are more likely to follow the terms that they agreed upon.
To find out more about reaching a child custody agreement without court, a parent should schedule a legal consultation in Florida.
In Florida, What Are Some Other Ways To Arrange a Child Custody Arrangement Outside of Court?
In Florida, there are ways to make child custody arrangements outside of a courtroom. A child’s parents can agree on a parenting plan on their own without help from a court.
A parenting plan is a document that parents write out and sign that include their custody decisions and which parent can make which decisions. This plan typically includes custody and visitation information.
These plans can also include which holidays the child will spend with each parent, as well as any other details that are needed, such as school pick up and drop off. They can also include visitation information for other individuals, such as grandparents.
Florida lawyers can help parents in Florida reach an agreement about their child custody arrangements outside of the courtroom. An attorney can ensure that all of the necessary issues are covered in the agreement to make it more likely to be approved by a court.
If, at a later date, the agreement no longer works for the parents, it can be modified to reflect the needs of the child’s parents.
Is Mediation an Option for Arranging Child Custody Outside of Court in Florida?
Yes, mediation is an option for parents to use in Florida to arrange child custody outside of court. A mediator is a neutral individual who helps both of the parents compromise on the terms of their agreement.
A mediator does not specifically represent either parent. They are just there to facilitate the discussion and keep the agreement process going forward.
A parent can always have a lawyer with them during a mediation to make sure their rights are protected. Typically, the parents will be in different rooms and the mediator will go back and forth, facilitating the discussion and helping the parties reach common ground.
There are several benefits to using mediation as opposed to going to court to determine custody arrangements. Mediation will take less time, cost less money, and provide the parents with some control over the outcome.
The parents do not have to reach any type of decision during meditation. They can agree on as many or as few details as they want to.
The parents will need to put their agreement in writing, sign their agreement, and submit it to a court to be approved in order to make it legally binding. Once it is approved by a court, the parties can face consequences if they do not follow the terms.
If the parents need to make any changes to their agreement in the future, they can either agree on their own, use mediation again, or petition the court. Any changes will need to be approved again by a judge before they are legally binding.
In Florida, Is Arbitration an Option for Arranging Child Custody Outside of Court?
Yes, arbitration is an option for arranging child custody outside of court in Florida. This process can give parents another way to create a parenting agreement outside of court.
Arbitration is more formal than mediation but less formal than going to court. The arbitrator is a neutral third party who acts similar to a judge.
The parties can call witnesses and conduct cross-examinations. Evidence that may not be permitted in court may be presented during the arbitration process.
They listen to each parent’s arguments and evidence and make a decision on any disputed issues. Decisions made by arbitrators are usually binding, meaning that the parents must follow that decision.
In some situations, a parent may be able to appeal the arbitrator’s decision. Typically, the parents have to sign a document before they participate in arbitration stating that they know the arbitration will be binding and they may not be able to appeal the decision.
Sometimes, a court may still review the arbitrator’s decision, but it is not common. This is typically only allowed when a party can show misconduct on the part of the arbitrator or fraud during the process.
Typically, arbitration is less costly than going to court. However, it is usually more costly than mediation.
In addition to higher costs, arbitration often takes longer than mediation to complete, as there are different types of evidence that can be presented.
Do I Need an Attorney for Help With Florida Child Custody Matters?
If you have any type of question or concern related to Florida child custody matters, it is important to reach out to a Florida child custody lawyer. Your attorney can help you determine the best way to reach a child custody agreement and guide you through the process.
You can get started today using LegalMatch’s free lawyer matching services to find a Florida child custody attorney near you who can help you, whether you are just seeking advice, want to create a custody agreement, or need to update a current custody agreement. It will only take you around 15 minutes to submit your Florida child custody question on the website.
Once you have submitted your issue online, you will start receiving responses from licensed and pre-screened Florida lawyers who are ready to help you. With these responses, you will be able to see each attorney’s education information, possible fee arrangements, and reviews from other clients.
Many member attorneys will offer free initial consultations, which will let you find the best Florida child custody attorney for your needs and budget.
