Can my spouse tell me that I cannot see my kids?

No, your spouse cannot tell you that you cannot see your kids. The default and preferred arrangement as to child custody in the state of Florida is shared parental responsibility unless the parents are unable to agree on major decisions, in which case a judge will decide.

Child custody refers to the care, control, and maintenance of a minor. A parent with legal custody of a child can make educational, religious, medical, and disciplinary decisions. The courts determine who gets physical custody to establish where a child will live.

There are two types of custody arrangements in the state of Florida. Child custody can be awarded to one parent known as Sole Custody or to both parents known as Joint Custody. In sole custody, one parent gets legal and physical custody of a child. In a joint custody arrangement, both parents share legal and physical child custody. In Florida, joint custody is called shared parental responsibility and parents must approve all decisions related to the child in a shared parental responsibility. In this situation, one parent is named the primary joint custodian and the other parent is granted visitation so the child has a primary residence, school, and a designated primary physician.
It is ideal that the courts want both parents to be involved in their child’s upbringing and life. Absent of any evidence to the contrary, the judge will assume both parents are equally interested in their child’s life.

The court, however, will not order a shared parental responsibility when it finds reasons that would be detrimental to the child/children like when a parent has been convicted of a misdemeanor of the first degree or higher involving domestic violence. A parent with this type of conviction may be prohibited from shared parental responsibility, including time-sharing with the child/children, and decisions made regarding the child.

For divorce assistance, contact the Divorce Attorney Tampa for your Free Consultation at (813) 336-3616.

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