What are the Best Interests of the Child in Florida?

Child custody and time-sharing issues are some of the most contentious of all family law issues. Under Florida law, these issues are resolved according to what is in the best interests of the child. There are 20 factors in total family law judges must consider when making decisions about time-sharing. Below, our Orlando child custody and time-sharing lawyer explains what these factors are, and how you can use them to resolve your dispute.

Reaching an Agreement with the Other Parent 

Ideally, parents can reach an agreement about child custody and time-sharing without the need to go to court. An agreement can be reached if the two parents can directly agree to the terms, or through negotiations between their respective attorneys. Reaching an agreement outside of the courtroom is very beneficial for both parties. It is a faster, less expensive, and less stressful way to resolve time-sharing issues.

Even when the parents can agree to an arrangement, however, they must still consider the best interests of the child. Before the plan is finalized, a judge must still approve it in court. The judge will review the plan, keeping in mind the factors pertaining to the best interests of the child. If the plan is not fair or does not uphold the child’s best interests, a judge will not approve it. To ensure your plan is approved, it is always important to work with an Orlando child custody and time-sharing lawyer.

What are the Best Interests of the Child? 

State law outlines 20 different factors pertaining to what is in the best interests of the child. These are as follows:

• The willingness of each parent to encourage a continued parent-child relationship with the other party, to respect the time-sharing schedule, and to act reasonably when changes are necessary,
• The expected division of parental responsibilities,
• The willingness of each parent to act upon the needs of the child and not their own preferences or desires,
• How long the child has lived in a stable home,
• How much time will be spent traveling in order to comply with the time-sharing plan,
• The morality of each parent,
• The physical and mental health of each parent,
• The school, home, and community record of the child,
• The preference of the child, if they are of a certain age or maturity,
• The knowledge each parent has about the child, including their teachers, friends, and extracurricular activities,
• The ability of each parent to provide a consistent routine for the child,
• The willingness of each parent to communicate with the other regarding the child’s activities and issues,
• Any evidence of child abuse, neglect, or domestic violence,
• Any evidence that either parent provided the court with false information about domestic violence, neglect, or child abuse,
• The parenting tasks typically performed by either parent,
• The willingness of each parent to be involved in their child’s life,
• The willingness of each parent to ensure their child is raised in an environment free of substance abuse,
• The ability of each parent to protect the child from pending litigation,
• The needs of the child and the ability of each parent to meet those needs, and
• Any other factor the judge deems relevant.

Our Child Custody and Time-Sharing Lawyer in Orlando Can Advise On Your Case

 At Anderson & Ferrin, P.A., our Orlando child custody and time-sharing lawyer can help you create a parenting plan that will be approved by the court so you obtain the best possible outcome. Call us today at 407-412-7041 or contact us online to schedule a consultation and to get sound legal advice.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html