How to Get Sole Custody of Your Children in Florida

Recent changes to Florida’s custody rules have made it easier for men to get custody of their children. Essentially, the change makes it so that there is a presumption that joint custody is in the best interests of the children. In addition, the law presumes that 50/50 timesharing is preferred when making custody decisions. This forces judges into the position of assuming that joint custody is in the best interests of the children, unless they are presented with evidence concerning the father’s parental unfitness. In this article, the St. Petersburg child custody attorneys at the Law Office of Kevin F. Coleman will discuss the case of Musgrave v. Musgrave, 290 So. 3d 536 (Fla. 2d DCA 2019), in which the mother was ultimately granted sole custody of the couple’s children.

Background of the case 

The parents were going through a dissolution of marriage proceeding. In this case, the trial court’s final judgment incorporated the wife’s proposed final judgment nearly verbatim. The judgment granted the wife sole parental responsibility of the couple’s two minor children, as opposed to shared parental responsibility. The husband appealed the decision and raised multiple objections to the court’s judgment.

The issue then became: Did the trial court err by adopting the wife’s proposed final judgment completely, including the provision to award sole parental custody to her?

The appeal 

After reviewing the evidence, the Second District Court of Appeal concluded that there was no competent or substantial evidence to support awarding the mother sole parental responsibility of the couple’s child. In this case, the mother had not even requested that outcome in her pleadings. As a result, the appellate court reversed that part of the judgment and remanded the case back to the trial court for further proceedings.

Under Florida law (§ 61.13(2)(c)(2)), a trial court must find that shared parental responsibility would be detrimental to the child if it were put into place. In this case, the appellate court emphasized that there was no factual basis presented to support such an award. In addition, there were no findings or evidence demonstrating any detriment to the children. For that reason, the award lacked any factual foundation.

Remember, Florida defaults on the notion that shared parental responsibility is in the best interests of the child, unless evidence proves it’s not. You and your attorney must, therefore, provide substantial evidence that the other parent is unfit to be awarded sole custody of the children. In this case, there was no evidence that the father was unfit. Hence, the trial court’s decision was overturned.

Talk to a St. Petersburg, FL, Child Custody Lawyer Today

Are you trying to get sole custody of your children? If so, you’ll need to provide substantial evidence that sole custody is in the child’s best interests. Call the St. Petersburg family lawyers at the Law Office of Kevin F. Coleman today to schedule an appointment and learn more about how we can help.

Source:

case-law.vlex.com/vid/musgrave-v-musgrave-case-891267265