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Category: Family Law
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Experience:  30 years as a family law lawyer .
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is there a florida law stating that if a father wants 50% custody

Resolved Question:

is there a florida law stating that if a father wants 50% custody he can have it, even after a 60 -40% custody has been in place for over a year. It woudl require father to reduce his work hours and possibly put child in school day care if he is at work.
Submitted: 7 years ago.
Category: Family Law
Expert:  RayAnswers replied 7 years ago.
Thanks for your question.No law here that mandates 50-50%.the judge decides who gets what and he has discretion to decide what is in the child's best interests.If the parties can't agree here then judge decides whether to modify here or not.
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Expert:  RayAnswers replied 7 years ago.

Joint Legal Custody and Florida Laws.
The courts show preference for shared parental responsibility (joint legal custody) in Florida Statute 1.13(2)(b)1: "It is the public policy of this state to assure that each minor child has frequent and continuing contact with both parents after the parents separate or divorce, and to encourage parents to share the rights and responsibilities and joys of childrearing. After considering all relevant facts, the father of the child shall be given the same consideration as the mother in determining the primary residence of a child, irrespective of the age or sex of the child."

...and in Florida Statute 61.13(2)(b): "The court shall order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility (joint legal custody) would be detrimental to the child…"


Florida Laws on Best Interest of the Child.
When awarding child custody in Florida, the court will consider all factors affecting the welfare and interests of the child, including but not limited to:

a. The parent who is more likely to allow the child frequent and continuing contact with the non-custodial parent.

b. The love, affection, and other emotional ties existing between the parents and the child.

c. The capacity and disposition of the parents to provide the child with food, clothing, medical care, and other material needs.

d. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

e. The permanence, as a family unit, of the existing or proposed custodial home.

f. The moral fitness of the parents.

g. The mental and physical health of the parents.

h. The home, school, and community record of the child.

i. The reasonable preference of the child as to custody, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.

j. The willingness and ability of each parent to facilitate and encourage a close and continuous parent-child relationship between the child and the other parent.

k. Evidence that any party has knowingly provided false information to the court regarding a domestic violence proceeding.

l. Evidence of domestic violence or child abuse.

m. Any other fact not specifically expressed in these laws that the court considers to be relevant.


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