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Florida Child Custody

Typically, divorce courts prefer to grant joint child custody so the child is able to continue to have a lasting relationship with both parents. The key factor Florida divorce courts are obligated to follow in determining child custody, is that child custody arrangement is in the best interest of the child. Some of the several factors the court will consider in determining the best interest of the child include:

  • Parents' ability to maintain a close relationship with the child
  • Parents' capacity to determine and accommodate the needs of the child
  • Geographic location of the parents
  • Parents' ability to provide a stable living environment for the child
  • Mental and physical health of the parents
  • Any evidence of violence, abuse, neglect or abandonment of the child
  • Developmental needs of the child
  • Any other relevant factors

Whether joint child custody is possible or not, the Florida divorce court's policy is to work towards making sure that each minor child has frequent contact with both parents after the divorce. The father and mother will be given equal consideration to decide on the primary residence of the child, regardless of each child's age and gender. The divorce court will also encourage the parents to share the rights, responsibilities and joys of childrearing through the creation of a parenting plan and time-sharing schedule.  The parenting plans must be approved by the court and should describe how the parents will share responsibility for the upbringing of the child.

The types of child custody the Florida divorce court may choose vary. A local Florida divorce lawyer can talk to you about Florida divorce laws and how those might affect who gets child custody. Get in touch with a Florida divorce attorney near you by calling 877-349-1310 or filling a Florida divorce case review. If your child custody case doesn't involve divorce, you can still connect with a local lawyer who practices in family law. Protect your relationship with your child today.

The above synopsis of Florida divorce laws is by no means all-inclusive and has been adapted from applicable state laws. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on these divorce laws, please contact a local Florida divorce lawyer in your area.

Florida divorce laws were last updated April 2009.

Note: Keep in mind that all divorce laws are complex. If you need legal divorce advice or want to fully understand how these laws affect you, please speak with a local divorce attorney.