In the State of Florida, like in other states, child custody and visitation are issues that parents typically encounter during separations and divorces. Parents can have different types of custody, such as legal, physical, joint, and sole custody.
When a case involves a child, a court will follow the child’s best interest standard when it makes any type of decision, including child custody arrangements. Visitation is the non-custodial parent’s right to spend time with their child.
The parent who has visitation rights does not care for their child on an everyday basis, but, instead, is allowed to see them during scheduled times. Parents can also have joint custody, which means they get to spend time with the child on an equal basis.
In cases where parents do not agree on arrangements for custody and visitation, the court will decide how those issues will be resolved. There are typically standard visitation orders that courts can use for parents, which often involve each parent getting the child every other holiday.
When a court approves a custody and visitation schedule, if one of the parents wants to make a change, they can file a request with the court. In some cases, emergency child custody orders may be needed if evidence is presented of drug use, abuse, or other issues that endanger the child.
During these challenging cases, if a child’s parents are able to, they should try to work together and be civil for the sake of the child. For more information on custody and visitation arrangements in Florida, it is important to schedule a legal consultation in Florida.
What Is Interstate Child Custody and Visitation Under Florida Law?
Under Florida law, issues involving interstate child custody and visitation can come up when a parent and their child do not live in the same state. Even when parents live in different states, a court can still establish custody and a visitation schedule.
When parents live in different states, those two states may have different custody laws. Because of the potential complications, a parent should have a lawyer to make sure they properly comply with all of the laws they need to follow.
The majority of states, including the State of Florida, follow the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This law provides that the state where the child lives, or their home state, will be the state that has jurisdiction.
To be considered a child’s home state, the child must have lived there six months or more prior to the action being filed. When a parent is requesting custody of their child, they have to live in the state where they file the action for at least six months before filing.
If a home state cannot be established based on the length of time they lived there, the court will evaluate whether the child and one parent have a strong connection to one particular state. If so, that state will have jurisdiction.
If the court cannot establish a significant connection to any particular state, any state in which the child has a connection may have jurisdiction. Florida lawyers can answer parents’ top child custody questions.
What Should I Know When Traveling Out of Florida With My Child?
There are several things that parents who are planning to travel outside of Florida with their child should know. Generally, unless the court determines it is in the best interests of the child, it will not permit a parent to relocate their child if it will impact the other parent’s visitation and custody.
In some cases, one parent may be moving to access better healthcare for their child or to get a better job, the court may permit their relocation. If a parent cannot show the court why the move would benefit the child, the court may deny their request.
If a child’s parent wants to take their child on a vacation outside of Florida, they can usually get permission from the other parent or the court. In some situations, the parent’s custody agreement may prohibit this. If that is the case, it is very important to ask for permission.
What Issues Can Arise From Relocating Out of Florida?
If a parent relocates to another state, they may face certain issues. As previously discussed, the UCCJEA applies to custody and visitation in Florida.
If a child’s parent moves to a different state, they will need to have their Florida order filed in their new state. Pursuant to the UCCJEA, full faith and credit will be given to the Florida order and both parents will still be bound by its terms.
It is important to keep in mind, however, that the original court that entered the order is usually the one that will oversee any modifications of the order. This means the parent asking for a change may have to return to Florida in the future.
How Does the Federal Parental Kidnapping Prevention Act Apply in Florida?
The federal law, the Parental Kidnapping Prevention Act (PKPA), can provide assistance with jurisdictional issues in Florida custody cases. This law provides rules that courts have to follow to deter conflicts from arising in child custody cases.
The PKPA must be followed when a court is deciding whether to enforce another state’s child custody order. The PKPA provides that, if there is already another valid child custody proceeding going on in a different state, the new court cannot exercise jurisdiction.
These types of jurisdictional issues can be confusing for someone without a legal background or experience. Because of this, it is important to have help from a Florida family lawyer to find out how these issues can affect their case.
Do I Need a Florida Lawyer for My Issues With Interstate Child Custody and Visitation?
When you have any type of concern or issue involving interstate child custody and visitation in Florida, it is important to reach out to a Florida child custody lawyer. Your attorney will be able to explain the state and federal laws that apply to your case as well as ensure your rights are protected under both sets of laws.
Your Florida attorney will present your requests in a way that shows how your request is in the best interests of your child. Your attorney can also help you get your order enforced in Florida and in another state, if needed.
Your attorney can also help facilitate an agreement for custody and visitation with you and your child’s other parent. If you need to make a modification request to your current Florida order, your lawyer will file the request on your behalf.
Use LegalMatch’s free attorney matching services today to get started finding a Florida child custody lawyer near you who can answer all of your questions and help resolve your issue. It only takes about 15 minutes of your time to submit your concerns on the website and choose the lawyer specifications you need, such as language preferences.
Whether you just need custody advice, want help reaching an agreement and submitting it for approval, or are already involved in a custody battle, LegalMatch can help. When you use LegalMatch, you will be matched with licensed and pre-screened Florida lawyers near you.
