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5 factors that impact child custody cases in Florida

On Behalf of | Nov 13, 2023 | FAMILY LAW - Child Custody

Deciding on a child custody schedule is one of the most difficult aspects of divorce. Both parents deserve to spend time with their children, and determining who receives primary custody is often a challenging process.

According to Demographic research, experts estimate that 33% of American children will have divorced parents before they turn 15. Choosing which parent deserves primary custody is a decision for the court, and it considers several factors before creating a custody arrangement that benefits kids.

1. Parental fitness

The court in Florida places a significant emphasis on the fitness of each parent. Factors such as physical and mental health, substance abuse history and criminal records impact the court’s decision. Courts aim to ensure that the custodial parent can provide a stable and nurturing environment for the child.

2. Child’s preference

As children grow older, their preferences may carry more weight in the decision-making process. In Florida, the court takes into account the child’s maturity and ability to express a reasonable preference. However, it is important to note that the final decision remains in the hands of the court, which considers the child’s best interests above all else.

3. Continuity and stability

The primary caregiver’s ability to maintain the child’s established routine, school attendance and social connections is important for the child’s stability. The court wants to minimize disruptions in the child’s life to promote safety during an uncertain time.

4. Co-parenting skills

The ability of each parent to foster a positive co-parenting relationship is a key factor in Florida’s child custody cases. The court looks at the willingness of both parents to collaborate in making the best possible decisions regarding the child. It wants mothers and fathers to support the child’s relationship with the other parent. Effective communication and a demonstrated commitment to co-parenting positively influence the court’s decision.

5. Domestic Violence or Abuse

The court treats cases involving domestic violence or child abuse with utmost seriousness. The court prioritizes the safety and well-being of the child when making custody determinations. Evidence of domestic violence or abuse significantly impacts a parent’s suitability for custody. The court may impose protective measures to ensure the child’s safety.

Courts rule on child custody cases in Florida around the best interests of the child. Understanding how the court weighs various factors helps parents navigate child custody in the Sunshine State.