What Factors Should Be Considered in Florida Child Custody Decisions?

During a child custody dispute, the court will make all decisions based on the best interests of the child. The family law courts in Florida start all child custody disputes with the presumption that it is in the best interests of the child to have frequent and continuing contact with each parent. In total, there are 19 factors judges will consider when deciding what is in the best interests of the children. Below, one of our Tampa child custody attorneys explain what these are, and other important information you need to know.

Joint Custody is the Default in Florida 

Joint custody, referred to as joint parental responsibility and joint time-sharing in Florida, is the most common type of custody awarded in Florida. This is because the law states that judges must award joint custody unless it can be shown that doing so would not be in the best interests of the child. Examples of evidence that can show joint custody would not benefit the child are as follows:

• A parent was found guilty of a first-degree misdemeanor domestic violence charge,
• A parent’s parental rights were terminated, and
• One parent was convicted of a sexual offense and at the time when they were over 18 years of age and the victim was a minor, or the parent thought the victim was a minor.

In any of the above instances, the accused parent has the burden of proof to show that shared time-sharing and parental responsibility would be beneficial to the child.

Factors Considered when Determining the Best Interests of the Child 

Again, there are many factors outlined in the law regarding what is in the best interests of the child. Family law judges have the discretion to decide how much weight they give to any single factor. Some of the factors outlined in the law include:

• How long a child has lived in a stable environment and whether that continuity should be maintained,
• The physical and mental health of the parents, as well as their moral fitness,
• The capacity and willingness of each parent to encourage a close and continuing relationship between the other parent and the child,
• The child’s involvement in the community, at school, and at home,
• Whether the parenting plan is geographically feasible for time-sharing and the needs of the child,
• Whether the child has a reasonable preference, when they are of a certain age or maturity,
• The ability and willingness of each parent to care for the child, including providing a consistent routine for them,
• Any history of child neglect or abuse, sexual violence, domestic violence, or child abandonment, and
• Any other factor deemed relevant by the judge.

Call Our Child Custody Attorneys in Tampa Today

 At All Family Law Group, P.A., our Tampa child custody attorneys can explain the best interests of the child and help you through your dispute so you obtain the most favorable outcome possible. Call us now at 813-672-1900 or contact us online to schedule a free consultation with one of our knowledgeable attorneys and to learn more about how we can help.  Se habla Español.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html