It is very difficult to be awarded sole custody. The Courts generally award shared parental responsibility and equal or, at least, substantial timesharing of the children. This rule is bolstered by the notion that both parents have the right to participate in the joys of raising their children and also that the children have the right to be raised by two parents. However, generally, if one of the parents has been found to be unfit or has had their parental rights terminated for one reason or another, then the other parent may be awarded sole custody.
It depends on the situation. In Florida, the importance is placed on the child. Therefore, the child has the right to receive child support. The parents do not have the right to waive child support. The child support amount is based on timesharing, income, payment of child care expenses, among other factors. If the parties are paying more than the correct child support amount, then yes, both parents can just pay what they agreed. However, if the agreed upon amount is less than what the child support guidelines order, then, no, the parties cannot agree to a lesser amount.
The Bird Law Firm can help you understand your legal rights. Please contact us to schedule a consultation. We are always ready to be of service to you.
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