What Does “Best Interests of the Child” Mean in Florida?

In Florida, the courts will use the ‘best interests of the child’ standard as their guiding principle when making child custody decisions. The courts will not consider the preferences of the parents or any other factors other than what is in the child’s best interests. Parents can agree to their own parenting plan but a judge will only approve it if it reflects the best interests of the child. Below, our Tampa child custody lawyer explains the factors considered.

Each Parent’s Ability to Provide for the Child 

The court will evaluate the ability of each parent to provide the basic necessities for the child. These include clothing, food, education, medical care, and other basic needs. The court will generally view a parent more favorably if they are able to provide for a child’s needs.

The Developmental and Emotional Needs of the Child 

The courts will also assess the emotional and development needs of the child to determine which parent can best provide for those needs. The court will determine each parent’s ability to provide support for the child’s extracurricular activities, schooling, and their mental well-being.

The Home Environment of Each Parent 

After a divorce, stability in the household is critical for a child’s well-being. The courts will view a home environment favorably if it provides routine, structure, and few disruptions for the child.

Consistent Routines for the Child 

Daily routines involving a child’s education, bedtime, homework, and other daily activities are crucial to a child’s development. When making child custody decisions, the court will consider the ability of each parent to provide these stable and consistent routines.

Each Parent’s Mental and Physical Health 

The physical and mental health of a parent greatly impacts their ability to care properly for their child. The court will assess any psychological or medical issues that could interfere with the responsibilities of either parent.

The Level of Each Parent Willingness to Support a Relationship with the Other Parent 

The state courts put an emphasis on co-parenting, meaning each parent should be willing to promote a meaningful relationship between the other parent and the child. When either parent attempts to alienate the child from their former spouse, the court will view this very negatively when making child custody decisions.

Each Parent’s Moral Fitness 

Parents must be of good moral fitness when making custody decisions. This includes parental behavior such as criminal activity, substance abuse, or involving the child in inappropriate situations that could impact the child negatively.

The Level of Involvement in the Child’s Life

 A parent with a history of involvement in their child’s life including their extracurricular activities, school events, and doctor appointments may be viewed as better capable of offering the child continuity.

Evidence of Neglect or Abuse 

If there is any evidence of neglect or abuse, the court will prioritize the child’s safety in custody decisions and may restrict or limit the abusive parent’s visitation or custody rights.

Our Child Custody Lawyers in Tampa Can Help 

At All Family Law Group, P.A., our Tampa child custody lawyer can negotiate with the other side and ensure your rights are protected so you obtain the best possible outcome. Call us today at 813-672-1900 or fill out our online form to schedule a free consultation and to get more information.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html