How Are Child Custody Decisions Made During A Florida Divorce?
In the State of Florida, custody refers to legal decision-making rights over the child. A parent who has legal custody of a child has the right and responsibility to make decisions concerning the child’s schooling, health care, and religious upbringing.
While the Florida courts used to favor mothers in custody matters, that is no longer the case. Today, the courts believe it is in the best interest of the children to have both parents play an active role in their children’s lives. For that reason, the courts usually award shared custody of the children to both parents. Visitation schedules, which are called time-sharing in Florida, is a completely different matter.
As a parent who is navigating the complexities of divorce, you may wonder how the Florida courts make decisions when it comes to assigning custody of a child. In this article, the Tampa, FL child custody attorneys at Faulkner Law Group, PLLC will discuss factors that the courts consider when awarding custody to parents.
How do the Florida courts reach decisions concerning child custody?
During custody disputes, the Florida courts will apply the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Under our current laws, Florida judges will consider the facts of a case giving equal consideration to both the father and the mother. In the majority of cases, the court will award shared custody of the child to both parents. This means that parental responsibility is shared equally by both parents regardless of how much time the child spends with either parent. Judges have the discretion to diverge from the presumption that shared custody is in the best interests of the children if they believe that shared custody would be harmful to the child. The judge will need compelling evidence to deviate from that standard, however.
The best interests of the child standard in Florida
When deciding matters of child custody, the Florida courts employ “the best interests of the child standard” to determine if one parent should be denied custody. If a judge believes that awarding one parent sole custody is in the best interests of the child, then that is precisely what they will do. The other parent could still have visitation rights. Florida judges will consider the following during custody disputes:
- Will the parent who spends the most time with the child facilitate ongoing contact with the other parent?
- Will the parent attempt to involve the child in their ongoing legal drama?
- Does the child show signs of loving both parents?
- Can the parents provide basic necessities for the child?
- Can the parent satisfy the developmental needs of the child?
- How long has the child lived in their current environment and should the child be moved from that environment?
- Can each parent maintain a home environment that is free from substance abuse?
- Is the custodial residence fit for raising a child?
- Are the parents morally fit to provide guidance to the child?
- Are the parents mentally and physically healthy enough to supervise the child?
- Would the child prefer to live with one parent?
- Is there any evidence of abuse or neglect of the child?
- Is there any evidence of domestic violence in the household?
Talk to a Tampa, FL Child Custody Lawyer Today
Faulkner Law Group, PLLC represents the interests of Tampa residents during custody disputes. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your concerns right away.
