What Factors Do Judges Consider When Making Child Custody Decisions?

The Florida Courts employ a “best interests of the child standard” when deciding child custody cases. In other words, they consider the child’s needs and upbringing. In the State of Florida, judges begin with the presumption that joint custody is in the best interests of the child unless one parent raises serious issues of abuse, neglect, or unfitness. Further, the Florida courts default on awarding 50/50 time-sharing to both parents. In this article, the St. Petersburg, FL, child custody attorneys at the Law Office of Kevin F. Coleman will discuss the factors that judges consider when making decisions concerning child custody.

What statutory requirements must judges consider in child custody cases?

Florida law requires judges to order joint custody unless the judge arrives at the conclusion that joint custody would be detrimental to the child. The judge must consider the following factors to determine if shared custody would be in the best interests of the child. These include:

• Whether there is a reasonable belief that the child is in danger of being the victim of sexual violence within the household
• Whether there is a reasonable belief that the child is in danger of being the victim of abuse, neglect, or abandonment
• Whether the parent has been convicted of domestic violence
• Whether there is evidence of domestic violence in the household
• Whether the parent must register as a sex offender due to a conviction for sex crimes involving a victim who was under 18 years of age
• Whether the court finds good reason to terminate the parent’s parental rights under Florida Statute § 39.806

Stability and continuity for the children 

Judges default on the presumption that continuing the child’s status quo provides stability through a difficult change. Florida judges thus consider factors that help the child maintain their stability and continuity. These include:

• The child’s current living arrangements / whether the parents can provide a stable living environment for the child
• Whether the parent has been consistent in their involvement with the child’s activities, such as extracurricular activities
• The parents’ history of taking care of the child and their parental responsibilities before the separation
• The parents’ capacity to foster a close relationship between the child and the other parent
• The child’s attachment to their current home, community, and school
• The division of parental responsibilities and whether the parent delegates these responsibilities to third parties
• Other individuals in the home, including extended family
• The parents’ ability to meet the child’s needs

Judges can consider other factors depending on the individual circumstances of the case. A child’s mental health might suffer without a stable environment to support them as they try to deal with their parents’ divorce.

Talk to a St. Petersburg, FL Child Custody Lawyer Today 

The St. Petersburg family lawyers at the Law Office of Kevin F. Coleman represent the interests of parents who are making decisions regarding the custody of their children. Call our office today to schedule an appointment, and we can begin discussing your goals and concerns right away.