What Is The Best Interests Of The Child Standard In Florida?
When deciding issues related to child custody and timesharing, the courts will employ a standard known as the “best interests of the child.” It used to be that mothers were favored during divorce proceedings because of the “tender years doctrine.” The tender years doctrine was replaced by the best interests of the child standard, and today, fathers have much more consideration than they did in years past. In fact, the State of Florida requires judges to default on the presumption that joint custody and equal timesharing are in the best interests of the child. In this article, the Orlando child custody lawyers at Greater Orlando Family Law will discuss the best interests of the child standard and how it’s applied to Florida custody cases.
What do judges consider when determining the best interests of the child?
Florida judges will consider various factors when deciding the best interests of the child. Below are some of the most important factors that judges will consider:
- Each parent’s ability to provide for the child – Florida courts will evaluate the ability of each parent to provide for the basic necessities of the child. This includes food, clothing, education, medical care, and more. The court will favor a parent who can provide for the child’s needs.
- The developmental and emotional needs of the child – The Florida courts will assess the emotional and developmental needs of the child to determine which parent can best provide for those needs. The court will determine each parent’s ability to provide basic emotional support, extracurricular activities, and schooling.
- The home environment of both parents – Stability within the household is a matter of utmost importance for the court. The courts view a home environment favorably when it provides a routine, structure, and as few disruptions to the child’s life as possible.
- Consistent routines for the child – Children need solid routines. The courts recognize this and require parents to provide a stable routine regarding the child’s education, bedtime, homework, and other daily activities. This is crucial to the child’s development. When making custody decisions, the court will consider each parent’s ability to provide the child with a consistent routine.
- Each parent’s mental and physical health – The physical and mental health of each parent will impact a judge’s decision regarding whether that parent can take care of the child. The court will assess any medical or psychiatric issues that could interfere with their responsibilities.
- The degree to which each parent is willing to support a relationship with the other parent – Florida courts place an emphasis on co-parenting. This means that each parent should be willing to promote a strong relationship with the other parent. If they can’t, the courts will consider this a strike against them.
- Each parent’s moral fitness – The courts require that parents be of good moral fitness when making custody decisions. Evidence of criminal activity, ongoing substance abuse, or involving the child in inappropriate situations is frowned upon by the court.
Talk to an Orlando Child Custody Lawyer Today
Greater Orlando Family Law represents the interests of those going through a divorce in Orlando. Call our Orlando family lawyers today to schedule an appointment, and we can begin addressing your concerns immediately.
