Factors a Judge Will Consider in Child Custody Cases in Florida

Issues related to child custody and time-sharing are decided based on the “best interests of the child” standard and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). In Florida, judges begin with the presumption that joint custody is in the best interests of the children unless one parent raises issues of abuse, neglect, or unfitness. Further, the courts default on awarding 50/50 timesharing to both parents. In this article, the Tampa, FL child custody lawyers at Westchase Law, P.A. will discuss child custody cases in Florida, and how judges render their decisions.

Statutory requirements judges must consider in child custody cases 

Florida law requires judges to order joint custody unless the judge finds that joint custody would be detrimental to the child. The judge must consider the following factors to determine if shared custody would be in the child’s best interests. These include:

• Whether there is evidence of domestic violence in the household
• Whether there is a reasonable belief that the child is in danger of being the victim of abuse, neglect, or abandonment
• Whether the parent has been convicted of domestic violence
• Whether there is a reasonable belief that the child is in danger of being the victim of sexual violence within the household
• Whether the court finds good reason to terminate the parent’s parental rights under Florida Statute § 39.806
• Whether the parent must register as a sex offender due to conviction for sex crimes involving a victim who was under 18 years of age

Stability and continuity for the children 

Judges will default on the belief that continuing the child’s status quo provides stability through a difficult change. Florida judges will consider factors that help the child maintain stability and continuity. These include:

• The child’s current living arrangements / whether the parents can provide a stable living environment for the child
• The parent’s history of taking care of the child and their parental responsibilities before the separation
• Whether the parent has been consistent in their involvement with the child’s activities such as extracurricular activities
• The division of parental responsibilities and whether the parent delegates these responsibilities to third parties
• The parent’s capacity to foster a close relationship between the child and the other parent
• The child’s attachment to their current home, community, and school
• The parent’s ability to meet the child’s needs
• Other individuals in the home, including extended family

Judges can consider other factors depending on the circumstances of the case. A child’s mental health can suffer without a stable environment to support them as they try to process their parents’ divorce.

Talk to a Tampa, FL Child Custody Lawyer Today 

Westchase Law, P.A. represents the interests of parents who are concerned about their child’s welfare. Call our Tampa family lawyers today to schedule an appointment, and we can begin addressing your concerns right away.