What types of custody of children apply in Florida?

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Family Law

In Florida, the terms “sole custody” and “joint custody” are not legal terms. The word custody is broken into two facets in Florida: Parental Responsibility and Primary Residence.

Parental Responsibility refers to the ability to make decisions for the child, whether those decisions be medical, education, religious, etc. In Florida, it is presumed the parents shall share parental responsibility, however the Court does have the discretion to award one parent sole parental responsibility over the children.

Primary Residence refers to which parent the child primarily lives. One parent will usually be chosen the primary residential care parent, with the other parent being allowed reasonable rights of visitation. Florida also recognizes rotating custody, which is where the parents have equal time sharing with the child.


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