Child custody is a pivotal area of family law. Custody cases can be nuanced, as every family situation is different. However, when ruling on custody matters, the family court in Florida always prioritizes the best interests of the child.
Is there a law that defines what the best interests of the child are? No, there isn’t. But the court considers various factors and the judge will use their discretion.
Outlined below are some of the key factors considered when determining the best interests of the child.
Stability is very important
Children have different needs, but one thing that is widely agreed upon is that they need stability. The court will prioritize this in any custody ruling. They will carefully consider the child’s current placement, and how a custody arrangement could affect that. For example, if one parent is suggesting that the child move to another state and leave their current school and friends behind, this may not be suitable.
Another factor that will be carefully considered is the current relationship between parent and child. For instance, if one parent has always dressed the child, fed them, taken them to school etc, then the court may be reluctant to change this routine.
In cases where a parent and child have become estranged, the court may even order supervised visitation. This allows parent and child to get to know one another gradually, reducing the risk of instability.
Other factors
While stability is crucial, the court will also consider the following factors:
- The child’s preferences (if they are mature enough to make informed choices)
- The safety of the child (whether or not there is any evidence of abuse)
- The ability of co-parents to communicate effectively
- Special health needs of either parents or the child
To ensure that your custody arrangement meets the best interests of your child, it can help to seek legal guidance.
