In Florida, state law requires that any decisions related to the custody of a minor child are made with their “best interest” in mind. This means that the wishes of other parties—including the parents—are secondary. While this might sound like an objective standard, there are many factors the court must consider when determining the best interest of the child in Florida.
If you are involved in a divorce or custody dispute, understanding these concepts can be helpful. In many situations, you may be able to secure the parenting plan you deserve. Let a dedicated child custody attorney help you understand the factors that go into this decision.
The Capacity to Parent
When determining the best interests of the child, Florida courts must consider numerous factors. There are few issues more important than each party’s ability to develop a close relationship with the child, and care for them. In addition to being able to perform these duties, judges also look for a willingness from both parties to comply with a court-ordered schedule. The courts take reports of parental alienation seriously, so a history of disappointing remarks about the other parent can have a major impact on the outcome of the case.
Stability of the Child’s Life
The amount of time a child has lived in a stable, satisfactory environment is another important consideration. This issue comes up when one parent proposes to relocate or dramatically change the current living arrangements. A judge must determine if a radical change from the stable environment a child currently enjoys is good for them.
The Health of the Parents
Another issue used in determining a Florida Child’s best interests is the health of both parents. This includes not only their physical condition but their mental health as well. Parents are not inherently punished based on having physical or mental health issues. However, the court must take that into account when they are a cause for concern for the child’s wellbeing. Health issues are often a factor when deciding on parenting time.
History of Abuse
A judge must also look into any history of domestic abuse, sexual violence, or neglect. They are not limited to criminal convictions, as the court can consider any allegation whether prosecutors took action or not. Judges who determine there is evidence of domestic violence or abuse must acknowledge that it was a factor when making a decision.
The Child’s Preference
Children can also have a say in the custody arrangement, but only in limited circumstances. There is no set age that determines if a juvenile is old enough to be heard on the issue. Instead, the court is required to consider their opinion if a judge determines that they are of sufficient age and capacity to express their preference.
It is important to remember that this is a preference and nothing more. Judges are not bound by the opinion of the child in question, and they are free to go against their wishes if other factors are more important.
Learn More About Florida’s Best Interest of the Child Standard Today
If you facing a potential child custody dispute, understanding this legal standard is crucial. The Florida Probate & Family Law Firm is here to help you navigate the legal process and get the best possible outcome. Contact us for a case evaluation to discuss determining the best interest of the child in Florida.