Florida Child Custody Determinations

July 22, 2011

Separating or divorcing parents in Florida need to be aware of the state's laws about child custody and support determinations. Florida statutes Title VI, Chapter 61, Section 61.13 (and following) detail the standards used to make custody decisions that are in the best interests of the children affected, making sure that even the most heated custody disputes focus on the needs of the children first and foremost.

Factors Used to Make Custody Determinations

Florida's "best interests of the child" standard is in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act. The law prefers to encourage a child's relationship with both parents and to support parents in their endeavors to equally share in the pleasures and responsibilities of parenting. Courts do this whenever possible, because the laws actually express a preference for shared parenting unless that arrangement would be "detrimental to the child" (Section 61.13 (2)(b)(2)).

Shared parenting can be deemed inappropriate if one parent has been convicted of a felony-level charge involving domestic violence.

As previously stated, courts make child custody determinations in the best interests of the child. To make a residence determination, family court judges must perform a case-specific analysis using a number of factors set forth in Section 61.13(3), including:

- Determining which parent is more likely to allow the noncustodial parent access to the child
- The health of the emotional relationship between the child and each parent
- Capacity of each parent to provide for the child's physical, mental and emotional needs
- Moral fitness of each parent, including criminal history and behavior
- Mental and physical health of both parents and the child
- Special needs of the children
- Previous domestic violence incidents at the home
- Preference of a child that the court deems to be of sufficient age and maturity to reasonably express a preference
- Other factors as necessary to make an informed decision

Parents seeking custody of their children need to present themselves to the court in the best light possible. Having a skilled family law attorney on your side can make a huge difference in the outcome of your case.

Article provided by Curtis R. Cowan, P.A.
Visit us at www.curtcowanlaw.com