Understanding The Best Interests Of The Child Standard Under Florida Law

When it comes to child custody matters, Florida judges are required to make decisions that reflect the best interests of the children. This standard is employed in every state across the country.  The best interest of the child’s standard is applied in virtually all important legal decisions regarding the life of the child. This includes custody, parental decision making power, parenting plans, visitation, time sharing schedules, adoption, and the termination of parental rights. In this article, the Orlando FL family law attorneys at Greater Orlando Florida Law will discuss the best interests of the child standard and how it’s applied in the Florida courts.

Florida statutes direct courts on how to apply the standard 

Those who argue against the best interests of the child standard usually make the argument that the rule gives judges too much discretion when determining child custody matters. But Florida laws contain detailed judicial guidance regarding how the standards should be employed.

Under Florida law, the statute requires judges to make decisions in the best interest of the children as a primary consideration. It further directs judges to determine a child’s best interest by “evaluation of all the factors affecting the welfare and interests of the particular minor child and circumstances of that family, including, but not limited to” a list of 20 specific factors.

What specific factors does the court consider? 

Florida statutes contain a list of 20 factors the judges consider when evaluating the best interest of the child. This leaves less discretion to the judges, and more power with legislators who enact and write the law. Courts must consider these factors that determine a child’s best interests, but the judge is also free to consider other relevant factors related to the child’s welfare. Some of the most important factors are listed below: 

• Does the parent have the ability to put the needs of the child first?
• Is it useful to continue an established stable, satisfactory living environment?
• Is the parent morally fit and do they have good mental and physical health?
• What is the child’s home, school, and community record?
• What are the child’s preferences if they are of sufficient intelligence, understanding, and experience?
• Is there any history of domestic violence, sexual abuse, or neglect?
• Can the parents keep their home free of substance abuse?
• Can each parent meet the child’s needs based on their developmental stage? 

Talk to an Orlando FL family law attorney today

Parents who are facing a complex custody case should have an experienced family lawyer to guide them so that they can demonstrate why their interests align with their children’s. The Orlando family lawyers at Greater Orlando Family Law can handle your complex custody case and advocate on your behalf. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.