By: Joemar Pasco
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How to Get Full Custody of My Children in a Divorce?
I Want To Know How To Get Full Custody In Florida? What Should I Know?
Sometimes a divorce case warrants one parent getting full custody of their children. You might be one of the parents in these circumstances right now? Getting sole custody is going to be a battle. Under current Florida law, the courts make the presumption that spending time with both parents are in the best interest of the child unless someone shows proof otherwise.
Now, your case might be different. It might be in the best interest of your child for you to have sole custody. However, that is something you will have to prove beyond a reasonable doubt. You will have to show enough proof that sole custody is in the best interest of the child for right now, which can include pictures and video footage. In some cases, you will need to show proof that sole custody is to help protect the child or children.
Two Examples of Some Extreme Court Cases
1)Michael and Chelsea
Chelsea wants sole custody of her and Mike’s children. Michael has a problem with drugs and alcohol. There have been instances where Michael has gotten out of control due to his habit.
Chelsea needs to show the courts documented proof of Michael’s habit and how it proves dangerous to their two kids. Chelsea needs to show how Michael’s habit is affecting the well-being of everyone around them. That is one of the main reasons why Chelsea and Michael are splitting up. Their relationship has taken a toll since Michael’s addiction began.
The court could decide in Chelsea’s favor as long as she shows valid proof of how Michael is harming everyone around him.
2)Ted and Tina
Ted is seeking custody of their child. Tina has been having issues with aggression lately. Ted wants her to see a counselor, but she refuses. Ted feels Tina’s behavior is alienating their family, even to the point where she has become abusive.
Ted needs to show the courts proof of what he has illustrated. The courts will take a look to see whether or not his proof is enough to reward full custody to him. Ted is hoping this will open Tinas eyes to the damage she is doing.
The Four Categories
There are four categories of cases that courts in Florida look over to determine whether sole custody is in the best interest of the child.
- Drug Abuse( Michael and Chelsea)
- Domestic Violence( Ted and Tina)
- Mental Health Issues(Ted and Tina, Michael and Chelsea)
- Child Abuse and Neglect(Ted and Tina)
The two examples listed above are just two examples of the types of cases Florida courts see when it comes to sole custody. There are a variety of tests that the courts will order the appropriate person to go through.
There could also be family court hearings and restraining orders.
Filing for sole custody is not an easy thing to go through. You have to be prepared for a fight, especially when the other party feels the claims are unsubstantiated. People can change over time. The person you married might not be the same person today they once were. You need to be prepared to expect the worse and hope for the best outcome.
You can visit http://www.leg.state.fl.us/statutes/index.cfm. for more details on the legal implications.