In Florida, as in most states, when a court considers custody issues in a divorce case, it will take into consideration “the best interest of the child.” Courts no longer automatically award children to the mother. Instead, the judge will determine which home and/or parent can provide them with the most stability and best care. The idea that mothers are the best caregivers is now debunked.

In the absence of any abuse or neglect by either parent, sharing custody has proven to have the most benefits for the children. There are some myths surrounding this, such as that children prefer to live in one home only instead of dividing their time between two parents. Adult children of divorce have highlighted the benefits of maintaining good relationships with both parents.

Many believe – incorrectly – that following a divorce children form a strong bond with one parent. This misconception is harmful as young children form attachments to both parents, regardless of their living situation.

Parenting Schedules for Infants

Recent insights into infant development have altered infant custody-sharing decisions.

One myth regarding infants is that youngsters form attachments to their primary caregiver with long-lasting consequences. Previously, experts emphasized the infant’s bond with the primary caregiver. This led to a weakening of the bond between the infant and the non-custodial parent. Recent studies have determined that infants attach to both parents.

A second divorce myth has been the need for consistency in the children’s post-divorce lives. Children miss critical bonding with the non-custodial parent when consistency hinders shared involvement in activities. An active parent in all child’s life aspects strengthens attachment and better understands the child’s needs.

The fact is, co-parenting is all-encompassing and involves all aspects of the child’s life, not just playing games every other weekend.

A third myth is that small infants are unaware and/or unaffected by the conflict between co-parents. The truth is that while infants may not understand the details of the situation, they can react negatively to arguments and loud voices. The more co-parents argue, the less cooperation they are able to establish, creating greater tension in the child’s life. The more tension within the family structure, the more likely it is that one parent will withdraw his or her total involvement with the child, thus diminishing their relationship.

Myths of Child Custody in the State of Florida

Many Florida parents find custody and support issues post-divorce confusing. Here are just some of the common misbeliefs:

1. Shared custody requires equal 50-50 sharing. Florida no longer requires custody to be equal but focuses on the best interest of the child, instead.
2. Courts used to automatically favor mothers in custody cases. However, Florida courts now base custody determination on which parent is best able to act in the best interest of the child.
3. In Florida, a father’s involvement doesn’t hinge on being named on the birth certificate. That is not necessarily the case in Florida. Even without being officially named, he can establish paternal rights.
4. The State of Florida has no specific age when the courts allow children to state a preference in custody matters, although it will consider a child’s wishes, regardless of age. Courts consider the child’s age and reasoning when assessing their preference.
5. It was common to believe that fathers were automatically responsible for child support. This is not true. Instead, the courts consider each parent’s income, the ability to meet expenses, and the time each parent can spend with the children. In Florida, unmarried fathers can seek or be responsible for child support, even if not named on the birth certificate.
6. It’s a misconception that receiving child support is optional. However, in Florida, a child has the legal right to financial support from both parents. Florida law forbids support waiver by either parent, focusing on the child’s best interests.
7. The custodial parent cannot deny visitation even if child support payments are missed. Unless the court advises differently and enters an order regarding same, a parent cannot lose visitation rights for failing to make child support payments.
8. Parents can’t reduce child support by refusing to work or being underemployed in Florida. Florida courts base mandated payments on potential rather than actual earnings in such cases.

Conclusion

Demystifying custody myths is crucial for parents navigating post-divorce challenges in Florida. This exploration reveals that custody decisions are no longer bound by outdated biases, with courts prioritizing the child’s best interest. We’ve seen that misconceptions, such as the preference for maternal custody or the irrelevance of fathers on birth certificates, don’t hold in modern legal settings. It’s essential to understand that co-parenting involves comprehensive engagement in a child’s life, with each parent’s role being significant.

In the quest for fair and balanced custody arrangements, dispelling these myths empowers parents to make informed decisions. For further guidance and to ensure your rights and your child’s well-being are protected, consider consulting with a family law attorney who can navigate these complex waters with you.

---

The legal process can get difficult, which is why we always recommend that you seek the assistance of counsel; or at least have a consultation. Schedule a consultation with our team today to review the issues of your case, the legal options you may have, and certain rights that pertain to your unique situation.

Have more questions? Let us know by sending an email to: questions@legallotus.legal and we will do our best to develop content to provide you with direction and insight!

For more information:
Check out and subscribe to our YouTube Channel
Follow us on Instagram
Like us on Facebook
Visit our website
Shop our Legal Templates

No Attorney-Client Relationship or Legal Advice: Communication of information by, in, to, or through this Website and your receipt or use of it: (1) is not provided in the course of and does not create or constitute an attorney-client relationship; (2) is not intended as a solicitation; (3) is not intended to convey or constitute legal advice; and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter. The hiring of an attorney is an important decision that should not be based solely upon Web site communications or advertisements. Feel free to contact us if you need legal assistance.