Joint Custody by Agreement

by Mike from Miami, Florida, Miami-Dade County

If have a notarized paper signed by me and my son's mother giving me joint custody, can I use that in court?

Answer to Florida Child Custody Question

Dear Mike,

If this notarized paper is in complete contradiction to a court order, it may not have much value.

However, if there is no court order addressing custody, then that paper may be persuasive in court.

The final decision is up to a judge.

Florida courts have a strong bias towards shared parental responsibility (joint custody).

The courts also prefer that children have positive relationships with both parents, unless there is a compelling reason to not allow one parent to have contact with the child.

The compelling reasons that may prevent a parent from having contact or visitation with a child are circumstances like domestic violence; criminal behavior; and substance abuse.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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