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#Florida Child Custody Law - 225 Pages of Custody Info

The issue of child custody is an emotionally-challenging one for couples who have decided to part ways. To help understand how courts view custody decisions, and how to prepare for your case, it is best to understand essential legal factors governing custody. It will also be useful to learn how to handle younger kids who will  have to adjust to a new parenting pattern.

Florida has all but eliminated the term custody. The right term to use is ‘time sharing’ Right off the bat, the term ‘custody’ is a misnomer as far as Florida statutes go. Time Sharing is the concept where each parent gets to spent a certain designated amount of time with his or her child. It is initially left to parents to decide on a certain time sharing schedule. Obviously this is impossible in a highly contested case. If the parents cannot agree on a time schedule then ultimately  the court decides for them.

The time sharing schedule decided by the court must be determined according to the child’s best interests, and in accordance with the Florida Statutes (61.13). The time sharing awarded to parents corresponds with the outdated concept concept of custody.  The parent that ends up with the lion s share of parenting time is referred to as the majority parent.

The Child s Best Interests is the actual legal standard that every court must use. If you are headed into a contested custody case, it is always a good idea to look at the statutory factors and compare them to your personal situation. Florida statute 61.13(3) defines the factors a judge must consider.

The custody factors specific in Florida law include and are not limited to:

       The parent who is more likely to allow continuing and frequent contact with the parent who lives away (“non residential parent”).  **This is probably the most important factor. In other words if you continually interfere with the bond between the kids and the other parent, you will be the disfavored parent in the custody decision.

       The capacity of the parent to provide the child with food, medical care, clothing, and other remedial care. **This is a no-brainer to figure out. But courts will not interpret this to favor the parent with more money.  The bottom line is that each parent must have the capability of taking care of their children.

       The love, affection and emotional ties that exist between child and parents.  **Hopefully you are fighting for your children because of your strong bond with them.

       The parents’ moral fitness, mental health and physical health.  This factor is self-explanatory.  **No sex on the carpet in front of the kids. And hopefully no history of Baker Acts.

       The child’s school, home and community record. **This factor can go against a parent not adequately supervising the school involvement of their child.

       The time for which the child has lived in a satisfactory and stable environment, and if it is desirable for him/her to continue living in this environment. **This factor allows the judge to look at the history and whether that pattern has worked for the child.

       If the child is deemed to possess sufficient intelligence, experience and understanding in expressing a preference, then his/her reasonable preference will be taken into account. **This factor is completely over-rated. With rare exceptions, most judges will not listen to the preference of children.

       Evidence of child abuse or domestic violence.  **This is huge. You will be at a disadvantage if you have a track record of domestic violence.

       Evidence that the party knowingly furnished false information regarding a domestic violence proceeding, to the court.  **This does not frequently come into play.

       Other factors that the court may deem to be relevant.  **This factor is a catch all that allows the judge to look at many different facts.