When two parents have a child together but no longer have a relationship with one another, they need a parenting plan. In addition to discussing issues like child support and communication, the plan must include information about child custody. Divorce law in Miami dictates that the parents must file a complete parenting plan.
However, there is no custody in Florida. The term child custody does not apply. Instead, the state courts refer to the arrangement as parental responsibility. Although it’s rare, the court can award sole parental responsibility. Similar to full custody, the arrangement leaves one parent to make the major decisions.
Why is Sole Parental Responsibility Rare?
In most situations, judges opt for shared parental responsibility. There is a good reason for this. According to Florida family law, child custody decisions should be about the best interest of the child. The state believes that it’s usually in the best interest of the child to keep both parents involved.
For that reason, the default decision is shared parental responsibility. Both parents receive decision-making power and visitation rights.
Of course, there is the rare exception. The judge could decide that the best interest of the child is to award sole parental responsibility to one parent. Although this doesn’t completely cut ties between the other parent and child, it limits their rights.
Reasons for Sole Custody
If you want sole parental responsibility, you should speak with a Miami child support attorney. They can help you prove that the other parent is a danger to the child. If you can’t prove that, then you are unlikely to receive sole custody.
Here are some common reasons for receiving sole custody:
1. Domestic Violence
About 20 people per minute are victims of domestic violence in the US. If you are one of those victims, you could be eligible for sole custody. The same is true for individuals who have a partner with a history of sexual abuse.
If the other parent failed to properly care for the child, they could be guilty of neglect. This means they deprived the child of food, medical care, or another necessity. Someone with knowledge of child custody and child support law in Miami can help you prove your case.
3. Drug or Alcohol Abuse
When someone has a problem with drugs or alcohol, they could be a threat to a child. If you have proof of this problem, then you could seek sole custody. The other parent might be unfit and unable to provide care for the child. Once again, you need to make a strong case.
4. Mental Illness
Certain dangerous mental illnesses warrant sole custody. However, not all mental illnesses make the other parent unfit. Typically, you need to show that the parent is irrational and mentally unstable. Threats of suicide and kidnapping are evidence that the parent might be a threat to the child.
Getting Sole Custody
It’s not easy to receive sole custody in Florida. However, it is possible. Generally speaking, any incident that shows the parent is a threat to the child supports sole parental responsibility. You need to work with a child support lawyer in Miami to build your case.
With enough evidence, you could convince a judge to award you with sole parental responsibility. If this happens, you have the right to make all of the decisions that involve your child. You can keep your child safe from an unfit parent.
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