5 Most Common Child Custody Questions  

Divorce isn’t always a peaceful process, and more often than not, can be incredibly difficult to navigate when children are involved. Out of the many questions you might have, we’re here to help answer the most commonly asked child custody questions. 

Who Gets Custody of Our Child?

 In Florida, there is no such thing as custody. The courts work to determine the amount of shared time each parent will have. Florida seeks to promote both parents being involved in a child’s life rather than favoring one parent over the other. The child’s best interest is always at the forefront with factors explained  in §61.13, Florida Statutes being considered. 

Do I need a Parenting Plan? What is a Parenting Plan?

Any time you file for paternity or dissolution of marriage and there are common children involved, the court will establish a parenting plan. 

This is a document that outlines everything related to parenting your children, including but not limited to:

  • Parental Contact Parameters
  • Education
  • Extra Curricular Activities and Travel 
  • Time Sharing Schedules
  • Holiday Schedules

Click here to read more about what should be included in a parenting plan.

Can Visitation be Restricted if Child Support is Unpaid? 

Unfortunately not. No parent can refuse the other of their visitation rights regardless of whether or not child support has been paid because the two are treated separately by the court. 

If you are behind in child support payments, the best thing for you to do would be to contact an experienced family law attorney. 

Do Grandparents Have Visitation Rights?

I think it's safe to say that some of the most-cherished memories in a child's life are spent while visiting their grandparents, so it's justified for you to be fearful about the changes that might take place when going through a divorce or custody battle.

Unfortunately, current Florida law doesn't give grandparents many rights.  According to Florida Statute 752.011, if a child's parents are deceased, missing or in a vegetative state, grandparents can request court-ordered visitation. Additionally, under Section 39.509, Florida Statutes, if the State of Florida has removed a child from both parents, grandparents can request court-ordered visitation, so long as visitation is in the child's best interests. Reasonable visitation may be unsupervised and, where appropriate and feasible, may be frequent and continuing.

To learn more about the provisions of Grandparent Rights, click here.

To learn more about the provisions of Grandparent Rights, click here

How Do I Know If I Need a Guardian ad Litem?

A Guardian ad Litem can be ordered by the court to advocate for children, as permission is almost never granted for children to testify in court, a Guardian ad Litem could be helpful to your case as it relates to establishing a parenting plan. 

Prior to practicing law, Rachel Borntreger advocated for children as a court-appointed Guardian Ad Litem, and during law school, she focused her studies on serving the public, interning at both the Public Defender’s Office and the Public Interest Law Center Family Law Clinic, representing individuals in criminal and family law proceedings. 

Where Do I Go From Here? 

If you are in North Florida and are looking for a passionate and experienced attorney to represent you, we can help. 

Visit our website to learn more about our practice areas and how we can get started. 


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