How Do The Florida Courts Determine The Child’s Best Interests During A Divorce Case?

When it comes to child custody and time-sharing, the courts will consider the best interests of the child to determine who should have custody and when or if the child should have contact with both parents. In Florida, the courts presume that it is in the child’s best interests to have both parents play an active role in their lives. For that reason, the courts favor joint custody agreements and equal time-sharing. However, there are several factors that the court considers when deciding these matters. In this article, the Tampa child custody attorneys at Faulkner Law Group, PLLC, will discuss the factors that the court considers when determining the best interests of a child during a divorce case.

The child’s health, safety, and welfare 

The court’s role is to assess the child’s physical, mental, and emotional health as it relates to their living situation. While the court will default on the notion that it’s in the child’s best interests to have both parents play an active role in their life, they will also consider evidence of domestic violence, child abuse, neglect, substance abuse, and mental illness as key factors in rebutting that presumption.

Parental capacity and the parent’s ability to care for the child 

The Florida courts will evaluate each parent’s capacity to provide for the child and to meet their needs. Basic necessities such as food, clothing, medical care, and education are all fundamental things that a parent should provide for their child.

The court will likewise assess each parent’s ability to meet the child’s developmental needs. This includes emotional support, educational advancement, and their involvement in extracurricular activities.

The court will favor parents who play an active role in their child’s life. This can include helping them with homework, attending their school events, and nurturing the parent-child relationship.

Lastly, the court will evaluate the moral fitness of the parent to provide a good example for the child.

Stability and continuity 

Suffice it to say, divorce is a time of upheaval, especially for the children, as decisions are being made around them that have a profound impact on their lives. For this reason, the Florida courts make a priority out of maintaining the child’s stability and continuing their status quo. The courts will consider how long the child has lived in a stable home and how desirable it is to maintain that environment. This includes factors such as continuing the child in their school, their ties to the community, and their living arrangements. Lastly, the courts will consider how close the parents live to the child to minimize their travel time and ensure continuity.

Parental cooperation 

Cooperation between the two parents is essential to raising the child properly. The courts will favor a parent who encourages the relationship between the child and their co-parent. Parents who badmouth the other parent or otherwise interfere with the parent-child relationship will be disadvantaged during court proceedings.

Talk to a Tampa, FL, Child Custody Attorney Today 

Faulkner Law Group, PLLC, represents the interests of parents during child custody hearings. Call our Tampa family lawyers today to schedule an appointment, and we can begin addressing your concerns right away.