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Defining the best interests of the child

On Behalf of | Sep 13, 2024 | Child Custody And Support

Custody cases in Florida can be complex. As family circumstances are unique, the court will have to consider various nuances. Nonetheless, the court does use certain guidelines when ruling on custody issues.

The main factor in deciding custody cases is the best interests of the child. How do the family courts in Florida define this?

The safety of the child

The safety of the child is paramount in custody cases. The court will carefully assess any potential safety risks before signing off on or setting a custody schedule. For example, if there is any history of domestic abuse from one parent, then the court may order supervised visitation. This means that the parent has access to the child, but only in a controlled environment.

Maintaining continuity

If parents have divorced, this means a significant change for the child. This is also the case if an estranged parent has just found out that they have a child and want access. The court will generally try to maintain as much continuity as possible. This means limiting drastic changes. For example, the court may be reluctant to order that the child has to move to a completely different location. In cases where parent and child are estranged, the court may set a custody arrangement that allows a gradual relationship to form.

Other factors

The physical and mental health of both parents and child will also be carefully considered. For example, if anyone has chronic health conditions, the custody schedule should reflect this.

How each parent cooperates will also play a role in the type of custody arrangement put in place. Cooperative parents may have a bit more flexibility in terms of working things out themselves. Parents who have shown an inability to communicate effectively may be subject to a much more rigid custody order.

To get the most out of your custody arrangement and assert your parental rights, it could be beneficial to seek legal guidance.