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

If you’re currently going through a divorce or are considering to file a divorce petition, the question “who will get custody of our children, me or my ex?” has surely crossed your mind.

It cannot be said, however, that the parent X will get the kids in 100% of all cases and becomes the custodial parent, while the parent Y will not get any custody right. That’s because every divorce and every child custody case is unique, and there are many factors that come into play to determine legal and physical custody.

Our Aventura child custody attorney Stephanie G. Morrow reminds those who are currently going through a divorce that no matter what your or your ex-spouse’s circumstances are, the judge will always prioritize your children’s best interests.

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 physical custody, your child will live at your place. A parent with legal custody, meanwhile, has the legal right to make decision on behalf of the child (education, religion, etc.).

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

Our attorneys have 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 for 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?
• The state of health of the children as well as each parent (including mental health).
• Any prior history of domestic violence, neglect or child abuse (and the existence of any false allegations of domestic violence, child abuse or neglect on the part of either of the parents).
• The willingness of each parent to respect the children’s ongoing relationship with the other parent.
• Each of the parent’s work schedule (whether either of the parents travels a lot, or works night shifts, etc.).
• Whether each parent has been consistent with providing financial and parental support to the children up to this point.
• The ability of each parent to provide a loving environment for the child at home.
• The living accommodations of each parent’s home (whether or not either of the parents will be able to provide that children with their own room each).
• Each parent’s ability to offer financial support to the children’s needs, medical care, education, and other.
• 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.
• What are the children’s preferences (if a child is old enough to express his/her own wishes, the court will be willing to listen).
• How the children and their wellbeing may be affected by certain custody arrangements after taking all of the above-mentioned factors into account.

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.

Consult our attorneys at the S.G. Morrow & Associates today to get a free consultation. Call our Aventura offices at 786-558-4950 or complete this contact form.