How is Child Custody Determined in Florida? (Full List)

Factors to Determine Child Custody

Here at the S.G. Morrow & Associates, our lawyers often get asked what’s the difference between legal custody and physical custody. If you have time-sharing (previously called physical custody), your child will live with you according to the parenting plan. A parent with parental responsibility (previously called legal custody) has the right to make important decisions for the child regarding education, religion, and other major issues.

Many types of child custody options may be available in your case, including joint custody, shared parenting, and bird’s nest custody. Hence, it’s vital to familiarize yourself with each option and get the legal help of an Aventura child custody lawyer to know what type of custody to pursue.

Our attorney has outlined a list of factors that are used to determine the custody of children in Aventura and elsewhere in Florida. Before giving you physical or legal rights, the judge will consider the following:

• The Ages of Your Children

As a rule of thumb, family courts don’t like to experiment much when determining custody of young children, so their decisions are pretty consistent. However, as children grow older, those decisions become more flexible. 

• The Preferences of Each Parent

It doesn’t necessarily mean that your wishes will be satisfied, but hearing what you expect from your child custody arrangement is vital. After all, what if you don’t want to have anything to do with the kids altogether?

• The Current Relationship Between the Children and Each Parent

How well does each parent get along with the child? Judges evaluate the strength and quality of the bond between each parent and the child, including the level of involvement and emotional connection. Courts look for evidence of a healthy, supportive, and nurturing relationship, as this can be critical to the child’s well-being and adjustment.

• The State of Health of the Children as Well as Each Parent (Including Mental Health)

The physical and mental health of both the parents and the children are important considerations. If a parent’s health condition could affect their ability to care for the child or if a child has special needs, the court will factor this into its decision to ensure the child’s needs are met safely and consistently.

• Any Prior History of Domestic Violence, Neglect, or Child Abuse

A documented history of domestic violence, child abuse, or neglect is a critical factor and can strongly influence custody decisions. Florida law creates a presumption against granting shared parental responsibility to a parent with such a history unless that parent can prove they pose no significant risk to the child.

• The Willingness of Each Parent to Respect the Children’s Ongoing Relationship With the Other Parent

Florida courts highly value a parent’s willingness to encourage and facilitate a positive relationship between the child and the other parent. Attempts to alienate the child or undermine the other parent’s role can negatively impact a parent’s custody case.

• Each of the Parent’s Work Schedules

The court examines each parent’s work hours, flexibility, and ability to provide care, considering how these factors affect the child’s daily routine and supervision. If one parent’s work schedule is incompatible with the child’s needs (maybe they travel a lot or work night shifts, etc.), the court may adjust time-sharing accordingly.

• Whether Each Parent Has Been Consistent With Providing Financial and Parental Support to the Children up to This Point

A parent’s history of providing both financial and emotional support is reviewed, as consistency demonstrates responsibility and commitment. Courts look for evidence that each parent has met their obligations and actively participated in the child’s upbringing.

• The Ability of Each Parent to Provide a Loving Environment for the Child at Home

Judges assess whether each parent can offer a stable, nurturing, and loving home environment. This includes the parent’s capacity to meet the child’s emotional needs and foster their development.

• The Living Accommodations of Each Parent’s Home

The suitability of each parent’s home, including safety, space, and whether the child has their own room, is considered. Courts want to ensure the child will live in a secure and supportive environment that meets their basic needs.

• Each Parent’s Ability to Offer Financial Support to the Children’s Needs, Medical Care, Education, and Others

The court evaluates each parent’s financial stability and ability to provide for the child’s necessities, such as healthcare, education, and extracurricular activities. This ensures the child’s well-being and development are adequately supported.

• How Each of the Parent’s Community/Neighborhood and School Environment Affect the Children and Whether There Is Any Attachment Between the Children and Certain Areas

The court considers the impact of each parent’s neighborhood, school, and community on the child’s life, including any established attachments. Maintaining continuity in school and community can be important for the child’s sense of stability and belonging.

• What Are the Children’s Preferences

If the child is deemed mature enough, the court may consider their preferences regarding custody and living arrangements. However, the child’s wishes are just one factor among many and are not the sole determinant of the outcome.

• How the Children and Their Well-Being May Be Affected by Certain Custody Arrangements After Taking All of the Factors Mentioned Above Into Account

Ultimately, the court’s primary concern is how any proposed custody arrangement will impact the child’s overall well-being. Judges carefully weigh all relevant factors to ensure the arrangement serves the child’s best interests, prioritizing stability, safety, and emotional health.

It’s a rather long list to consider, which is why you may want to seek the legal advice of a child custody attorney to collect sufficient proof of your eligibility as a parent. Start preparing for child custody hearings in advance by letting a skilled lawyer prepare a comprehensive strategy personally for you.