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What are the different types of custody and which is the one i should be asking for?

Miami, FL |

I understand that the custody or time sharing laws have changed and I'm slightly confused. I thought the options were sole custody and joint custody. now i hear about custodial custody, physical custody, etc and i dont know what i am suppose to be asking for. I want my son to live full time with me. vistations with his father of course but not over night until he is a little older (he's 1 year old) I want to be the main caregiver and decision maker for him. how do i go about doing this?

Attorney Answers 1


The presumption in Florida is for time sharing with the parents, that both parents should have joint custody and decision making regardless of how the time is split up. If you want to change that, you basically have to show that the other parent is unfit, or dangerous to the child, or needs to be supervised for some reason. The courts don't consider that a child should be just with mom simply because the child is younger, unless mom can show that dad can't care for the child.

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How do I prove how irrisponsible he is? all he ever does is play video games. he doesnt cook he doesnt feed our son he doesn change diaper and in 14 months of life my husband has only bathed him once and i still had to assist him. when my son is with him who will be caring for him is my mother-in-law who is an older lasy that still works and has health problem.

Heather Morcroft

Heather Morcroft


It's okay for his mother in law to care for the baby while he's with his dad. The point is the courts want him to have a relationship with his father. It does not sound to me like he is unfit, so you will probably not be able to deny him time sharing. My recommendation to you is to go hire an attorney and go through all the facts and discuss all your options. But you will have a very difficult, if not impossible, time based on the facts that you are describing.



i understand that but the problem is there is no relationship with his father. my husband does NOTHING but play MW3 all day. whenever my son walks infront of the tv or cries or makes a sound that interupts his game he yells at my baby. when he watches him all he does it put him in his crib and yell at him tos hutup. what kid of relationship is that? what does that teach my son? is that a good environment for him to be in? not to mention that my husband lets his children run wild. there is no structure, no disipline, no rules.

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