The biggest concern for parents and the courts is the custody of the child. When determining custody, Florida requires that the court consider what is in the “BEST INTEREST OF THE CHILD.” The court will ensure that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing. After considering all relevant facts, the father of the child shall be given the same consideration as the mother in determining the primary residence of a child irrespective of the age or sex of the child.
Some factors that the court will look to include:
- Each parent’s willingness to encourage and support a relationship between the child and the other parent, to honor a time-sharing schedule, and to be reasonable when changes occur.
- Each parent’s ability to respond to the child’s needs as opposed his/her own needs.
- The mental, physical, and emotional health of the parents.
- The stability of the child’s home environment.
- Any history of domestic violence, sexual violence, child abuse, child abandonment, or child neglect.
- The child’s wishes, if the court deems the child to be of a sufficient age, intelligence, understanding and experience (generally age 12 or older).
- Each parent’s ability to be involved with the child’s school and extracurricular activities.
- Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.