Child Custody Overview

In Florida, having custody of a child means having the responsibility for taking care of the needs of a person under the age of 18 years of age. Custody may be further defined as "physical custody" and "legal custody."

Physical custody means the physical care and supervision of a child.
Legal custody is a legal position created by a court order which gives the custodian the right to have physical custody of the child and the right and duty to protect, train, and discipline the child and to provide the child with food, shelter, education, and ordinary medical care.

Both parents are entitled to custody in Florida. It is the public policy in Florida to assure that each minor child has frequent and continuing contact with both parents and to encourage parents to share the rights and responsibilities, and joys, of child rearing. Unless the court determines that it would be detrimental to the child, the court will order that parental responsibility be shared. In making a determination about custody, the court must decide what are the best interests of the child.

Note: In Florida, a member of a child's extended family may be granted temporary custody of a child.

Note: When there are reasonable grounds to believe ("probable cause") that a child has been abused, neglected, or abandoned or is in imminent of danger of illness or injury because of abuse, neglect or abandonment, a child may be "taken into custody" by a law enforcement officer or other authorized person and placed with a non-relative who is a responsible adult approved by the Department of Children and Family Services. When a child is "taken into custody" in this manner, a temporary status of "custody" is created involving complicated legal procedures. Please contact a lawyer if you need help regarding a child who has been taken into custody. If you need assistance in finding a lawyer, you may call the bar association in your county.

Serving in the following counties: Duval, Clay, Nassau, Baker, and St. John's Counties.

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