How Do Courts Determine Custody in a Divorce in Florida?
Are you a parent of young kids or teenagers going through a divorce in Florida? Custody and visitation are going to be a big part of your case. You may be wondering: How do courts determine custody rights? The short answer is Florida is a “best interests of the child” state. Here, our Boca Raton divorce attorney explains how courts in Florida determine child custody.
What is Child Custody? (Legal and Physical)
In Florida, child custody refers to the legal rights and responsibilities parents have regarding their child after a divorce. The term “custody” is often replaced by “parental responsibility” and “time-sharing” under Florida law. There are two key components to understand: legal custody and physical custody. Legal custody (parental responsibility) is the authority to make major decisions about the child’s life, including their education, healthcare, and religion. Physical custody (time-sharing) refers to where the child lives and how much time they spend with each parent.
Florida is a Best Interests of the Child State
How is custody decided in a divorce in Florida? The best interests of the child are the primary consideration. Under Florida Statutes § 61.13, courts will resolve any custody disputes, in a divorce or otherwise, by determining what arrangement will be best for a child’s health, safety, well-being, and future. Some of the best interests of the child factors include:
- The demonstrated capacity of each parent to encourage a close parent-child relationship;
- Each parent’s ability to put the child’s needs ahead of their own;
- Each parent’s ability to provide stable and healthy home environment;
- The mental and physical health of the parents;
- Any history of domestic violence or substance abuse; and
- The reasonable preference of the child (if old enough and mature enough).
Courts Give Divorcing Parents Considerable Discretion
Florida courts strongly encourage divorcing parents to work together to develop a mutually agreeable parenting plan. Indeed, judges in Florida generally prefer custody arrangements that are negotiated by the parents. They will approve any agreement as they meet the child’s best interests. For that reason, divorcing parents should take a collaborative approach. Doing so helps to preserve relationships, limit conflict, and achieve a flexible arrangement that actually works well for both parents. Further, when parents cooperate, the court’s involvement is minimal, and the process is typically faster and less stressful. Divorcing parents can often benefit from mediation. Still, if parents cannot agree, the court will step in and issue an order based on the best interest factors.
Contact Our Boca Raton Divorce Lawyer Today
At Williams & Varsegi, LLC, our Boca Raton divorce lawyer has the skills and experience to handle custody cases. If you have any questions about child custody, we are here to help. Contact our family law firm today for a fully confidential consultation. We provide family and divorce representation throughout the surrounding region in South Florida.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html
