In Florida family law cases, judges are required to make decisions that reflect the best interests of the children. This standard is employed in all 50 states. The best interests of the children standard is applied in virtually all important legal decisions regarding a child’s life. This includes custody, parental decision-making power, parenting plans, visitation, time-sharing schedules, adoption, and the termination of parental rights. In this article, the Tampa family law attorneys at Westchase Law, P.A. will discuss the best interests of the child standard and unpack some of the key elements of a rule that pervades family court jurisprudence in all 50 states.
Florida statutes direct courts on how to apply the standard
Opposition to the best interests standard usually takes 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 standard is employed.
Under Florida law, the statute requires judges to make decisions in the best interests of the child as “primary consideration.” It directs judges to determine a child’s best interests by “evaluation of all of 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.
Specific factors that the court considers
The law contains a list of 20 factors that judges are to consider when evaluating the best interests of the child. This leaves less discretion to the judges, and more power with legislators who enact and write the law. Courts must consider the listed 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 include:
- The parent’s ability to put the needs of their children first
- The usefulness of continuing an established “stable, satisfactory, living environment”
- The parent’s moral fitness and “mental and physical health”
- The child’s home, school, and community record
- The child’s preferences if they are of “sufficient intelligence, understanding, and experience”
- Any history of domestic violence, sexual abuse, or neglect
- The parent’s ability to keep the home free of substance abuse
- The child’s developmental stage and needs, and the ability of each parent to meet them
If you are facing a complex custody case, it is imperative that you have an experienced family lawyer to help you demonstrate why your interests align with your children’s. Our knowledgeable attorneys understand the law and can gather and present evidence to the court that protects them from a potentially abusive parent.
Talk to a Tampa, FL Child Custody Attorney Today
Westchase Law, P.A. represents the interests of Tampa residents who are engaged in complex custody hearings. For more information on how we can help your family move forward, call our office today to schedule an appointment. Our experienced and knowledgeable Tampa divorce attorneys will help you actively advocate for your and your children’s interests.