A court’s decisions in a child custody case in the state of Florida will be based upon the best interest of the child. This will only occur if the parents cannot come to a mutual decision about what is best for their child. The court will usually order shared parental responsibility unless it would be detrimental to the child. In that event, the court will order sole parental responsibility to the parent who will best serve the interests of the child.
Deciding Which Parent Will Have Primary Residence
The court may give one parent primary residence over specific aspects of a child’s welfare, including primary residence, education, and dental and medical care. The court will consider the following factors in order to determine which parent will have primary residence:
- The parent who will allow the child to have the most frequent and continuing contact with the nonresidential parent.
- Love, affection, and other emotional ties between the parents and the child.
- Each parent’s ability to provide the child with food, clothing, medical care and other medical needs.
- The duration of time the child has lived in a stable, satisfactory environment and the desire to keep that environment intact for the child.
- How permanent the existing or proposed home is.
- The parents’ moral fitness.
- The parents’ physical and mental health.
- The child’s home, school, and community record.
- The child’s preference if he/she is intelligent, understanding, and experienced enough to express a preference.
- Evidence of child abuse or domestic violence.
After the Child Custody Case Is Decided
The custody order is signed by the judge and filed with the court clerk. This will bind both parents to the order. If a parent is denied court-ordered visitation with the child, he/she has the right to bring the issue back to the court. The judge may choose to modify the visitation order, order makeup visitation time for the time that was missed between the parent and child, order counseling for the parent and/or child, or order mediation between the two parents.
Attaining Legal Help
Receiving all of the custodial rights you are entitled to in a Florida child custody case is not an easy matter to resolve. An established and experienced divorce lawyer in the state of Florida can determine which state laws apply to your case and present the strongest possible case to ensure all of your child custodial rights are considered and you receive an agreement that is satisfactory to you and that ensures the child’s best interests are met.
