How Is Child Custody Decided During A Florida Divorce?
Couples with minor children have to decide matters related to custody, timesharing, parenting time, and child support. Both parents might fight to gain custody of the children. In some cases, nervous parents ask us which parent is more likely to gain custody during a Florida divorce. Many believe that mothers are more likely to gain custody. But the sex of the parent isn’t a consideration for the Florida courts, and Florida has stringent rules when it comes to fathers. In this article, the Florida child custody lawyers at Greater Orlando Family Law will discuss how the Florida courts decide custody matters in 2025.
How do the Florida courts determine custody in divorce cases?
Prior to 2008, Florida used an approach called the “tender years doctrine” that decided that mothers should be given primary custody of children. Fathers, on the other hand, were regarded as financial providers. The Florida courts, and all courts around the country, shifted their approach to consider the best interests of the children, which favored neither parent based on gender.
Today, there is a presumption under the law that joint custody is in the best interests of the children. Further, parents are expected to receive an equal amount of time-sharing as mothers. There is no presumption that the mother is more fit to raise the child than the father. However, in some cases, divorcing parents cannot agree on what’s in their child’s best interest or have radically different ideas about how to raise the child. In these cases, the courts will intervene on behalf of the parents to assess each parent’s capability, willingness, and past behavior when it comes to deciding custody matters.
Factors determining the best interests of the child during a Florida custody case
Florida law provides guidelines regarding child support, parenting, time-sharing, and the power of the court to render these decisions. The court will assess many factors to decide custody arrangements. These include:
- Each parent’s ability to foster a parent-child relationship, follow a time-sharing schedule, and adapt to changes
- The division of parental responsibilities and the role of third parties
- The amount of time the child has lived in a stable environment
- Whether the parenting plan makes sense geographically
- Each parent’s moral fitness
- The child’s preference
- Each parent’s understanding of their minor child’s circumstances
- Each parent’s ability to provide a consistent routine
- Each parent’s ability to communicate with the other parent on issues regarding the children
- Any evidence of domestic or sexual violence, child abuse, or neglect
It is within the judge’s power to consider other factors as well. The judge will be determining which parent has the best ability to act in the child’s best interests.
Talk to an Orlando Child Custody Attorney Today
Greater Orlando Family Law represents the interests of parents during custody disputes in Orlando, Florida. Call our Orlando family lawyers today to schedule an appointment, and we can begin addressing your concerns right away.
