Child custody (also known as legal custody, conservatorship, or allocation of parenting time and responsibilities) refers to the legal possession, rights, and responsibilities for a minor child by the child’s birth or adoptive parents—including the right to make health care, religious, cultural, and education decisions about the child's upbringing.
During separation, and following divorce, a child’s natural parents often share custody of the child (shared custody or joint custody)—unless one or both of the child’s natural or adoptive parents are deemed to be unfit or pose a risk to the health, safety, and well-being of the child (the child’s best interests). If one of the parents is deemed unfit, the other parent may be awarded sole custody of the child. In some cases a parent who is not allowed to have custody of a child may be given visitation rights—sometimes under the supervision of another adult (supervised visitation). Child custody laws are usually located in your state’s statutes governing family and domestic matters, and may be referred to as the Family Code.
Child custody is distinct from guardianship of a child, which usually involves a relative or an unrelated person temporarily agreeing to take responsibility for a child following the death of the child’s birth or adoptive parents, or their abandonment. And adoption is taking full and permanent responsibility for a child by someone other than the child’s birth parents.
In Florida, child custody is governed by state statutes that prioritize the child's best interests. This includes both physical custody (where the child lives) and legal custody (the right to make decisions about the child's upbringing). Florida law encourages shared parental responsibility, which is similar to joint custody, unless it is determined to be detrimental to the child. When parents separate or divorce, they may agree on a parenting plan that outlines custody arrangements, or the court may establish one if they cannot agree. If one parent is deemed unfit, the other may be granted sole custody. Visitation rights may also be granted, including supervised visitation if necessary. Florida's family law statutes can be found in the Florida Statutes, Title VI, Chapter 61, which covers dissolution of marriage, support, and custody. It's important to note that child custody is different from guardianship or adoption, which involve different legal processes and standards.