Primary Child Custody Factors in Florida

Child custody can be a difficult and emotional issue in divorce cases in which there are children. In almost all these cases, the parents or the court must decide who will care for the child and with whom the child will live.

Sometimes, divorcing parents can reach an agreement on their own. But other times, parents will not agree on aspects of child custody. In these situations, the court will consider primary child custody factors.

Florida Courts and Child Custody Rulings

Florida courts focus on the best interests of the child when making child custody rulings. Under Florida law, judges consider factors, including:

• Each parent's ability to provide a stable environment
• The child's relationship with each parent
• Any history of domestic violence or substance abuse

The court aims to establish a custody arrangement that supports the child's physical, emotional, and psychological well-being. Decision-making on the child's welfare is a key aspect of legal custody, which can be sole custody or joint custody.

In the state of Florida, courts encourage equal time-sharing between parents when possible. But primary custody goes to one parent if it better serves the child's best interests. The non-custodial parent still retains parental rights and may have visitation or physical custody rights to ensure their ongoing involvement in the child's life.

Factors for Custody Awards

The primary factors that a Florida court will look at to determine how to award custody include:

• The child's school and home history
• Parents' mental, physical, and moral status
• The permanence of the proposed home
• Continuity of the child's situation
• The child's preference (if appropriate)
• Parents' ability to provide
• Love, affection, and existing ties between child and parent
• History of domestic violence or child abuse
• Whether the parent will cooperate and encourage contact by the other parent
• Whether the parent will accommodate any changes that need to be made
• Whether the parent will honor the time-sharing schedule
• The involvement of each parent with the child's life (i.e., teachers, friends, extracurricular activities, etc.)
• The ability of the parents to meet the child's developmental needs
• How parental responsibilities will get divided after the proceeding is over, including how much of the parental responsibilities will be performed by someone else (such as a nanny)

A parent must prepare to give the court as much information as possible. This includes information on the other parent, as well. Without all the information, it becomes more difficult for a court to give a fair custody ruling.

Florida Courts Have Wide Discretion in Custody Matters

Florida courts have a lot of freedom in custody matters, allowing them to consider a broad range of factors to determine the best interests of the child. This flexibility enables courts to craft a parenting plan tailored to the circumstances of each family, adhering to laws. Whether that means awarding sole custody, joint custody, or establishing a specific visitation schedule, the goal is to ensure the child's well-being and stability.

Related Resources

• Florida Child Custody Laws
• Child Custody Basics
• How Child Custody Decisions Get Made
• Parental Visitation Rights FAQ

Get Legal Help With Your Florida Child Custody Case

Navigating a child custody case in Florida can be challenging and emotional. With the complexities of state laws and the importance of ensuring your child's best interests, it's crucial to have experienced legal guidance. A knowledgeable family law attorney can provide the legal advice you need, represent you in court, and work toward a favorable custody arrangement.