What type of Custody do I have??

The court should follow the final order that was set in place PRIOR to the new custody/time-sharing law change. Based on the information provided: primary residential and custodial parent means that you have majority time with the minor child(ren) and that you make decisions regarding education, religion, health-care, etc. You do not have "sole" custody in the legal sense unless some or all of the father's rights are terminated or if the court specifically gave you "sole" custody. I assume that the language in your order states that you both should try to make decisions together but as primary parent you have more influence. Your ex will not be able to obtain 50/50 time-sharing just based on the new law (courts do not consider the law change as a substantial change in circumstance). He most definitely will need to prove that there is a substantial change in circumstances. If your ex has restricted visitation that should be a factor in your favor for the court not to modify the visitation as ordered. Please contact The Divorce Center for a FREE consultation at 800-469-3486.

It is impossible for any attorney to discern your parental responsibilities without reviewing the exact language in your final judgment, which may be open to some interpretation. As far as the new modification action, he will have to show a substantial change in circumstances other than the new law and that the proposed change is in the child's best interests. If he can't show a substantial change in circumstances, your present final judgement remains in effect and you never get to the best interest question. If he can show a substantial change, most Florida family lawyers beleive the new parenting plan law then applies in determining whether the change he seeks is in the child's best interests though there are no court decisions yet and this may be subject to litigation. Obviously, you need an experienced family law specialist to guide you through this legal quagmire. This is for informational purposes only and is not legal advice upon which anyone should rely. Nor does it create any attorney client relationship. Stanton L. Cobb Board Certified Marital & Family Law Specialist Fellow - American Academy of Matrimonial Lawyers P.O. Box 149223 Orlando, FL 32814-9223 Tel. (321)972-4643 Fax (407)374-2499 email [email protected]