Do Florida Courts Favor Mothers When Awarding Child Custody? 

If you are considering a child custody case but are worried about a mother’s rights in Florida, you might be reluctant to move forward. You might wonder whether Florida courts favor mothers when awarding child custody.

An experienced child custody lawyer from McMichen, Cinami & Demps can explain your rights and help you throughout the entire process. Until then, read on for further information.

Is Florida a Mother State?

Florida is not, in fact, a mother state. Courts in the state consider many factors when deciding in custody battles involving mother vs. father. However, based on current laws and historical processes, a mother’s custody rights in Florida are the same as a father’s.

The Tender Years Doctrine

One of the reasons why fathers in Florida may be reluctant to pursue child custody is because they think a mother’s rights may be superior to their own. In fact, it was not too long ago that this was the case, as many states, including Florida, used the tender years doctrine when determining child custody awards.

Under the tender years doctrine, courts awarded custody of young children more often to mothers than fathers because they believed that young children or “tender years” needed to stay with their primary caregiver. Historically, this was the mother. This led to mothers almost always receiving child custody.

The Frequent and Continuing Contact Doctrine

The tender years doctrine is no longer the prevailing law in Florida. Instead, current law says that it is the public policy of Florida for minor children to have “frequent and continuing contact” with both parents after their parents have separated or divorced. This change was made in recognition that children benefit from having frequent time with both parents, rather than spending most of their time with one parent and very little with the other.

The current law states there is no presumption for or against either parent based on their gender when awarding or modifying child custody. The law also states that parental responsibility for a minor child should be shared with both parents unless the court finds it detrimental. Some examples the court gives that may show that awarding shared parental responsibility include:

  • The parent has been convicted of domestic violence that is at least a first-degree misdemeanor
  • The parent meets the criteria to have their parental rights terminated
  • A parent has been convicted of certain sexual offenses involving a minor when they were an adult

These are rebuttable presumptions, so they can be overcome with strong evidence.

Factors Florida Courts Consider When Awarding Child Custody

Florida courts must make child custody decisions in the child’s best interests. The court can determine what is in the child’s best interests by evaluating all factors that affect the welfare and interests of the child, which may include:

  • The length of time the child has lived in a stable environment
  • The preference to maintain the child’s continuity in their current environment
  • The anticipated parental responsibilities, including those that will be delegated to others
  • The historical parental responsibilities of each parent
  • The proximity of each parent to the child
  • The parents’ moral fitness
  • The mental and physical health of each parent
  • The child’s developmental needs and the ability of the parents to meet them
  • The child’s home, school, and community record
  • The child’s reasonable preferences if the court finds they intelligent, understanding, and experienced enough to express a preference
  • The parent’s demonstrated ability and willingness to determine, consider, and act in the child’s best interests as opposed to their own
  • Any evidence of domestic violence or child abuse
  • Any evidence that a parent has lied about domestic violence or child abuse
  • The parent’s demonstrated ability and willingness to encourage a close relationship between the child and the other parent
  • The parent’s ability and willingness to honor the time-sharing schedule and to be reasonable when changes are necessary
  • The parent’s demonstrated ability and willingness to provide a consistent routine for the child
  • The parent’s demonstrated ability and willingness to communicate with the other parent and keep them informed about issues related to the child
  • The parent’s demonstrated ability and willingness to be involved in the child’s extracurricular activities
  • The parent’s demonstrated ability and willingness to provide an environment for the child that is free from substance abuse
  • The parent’s demonstrated ability and willingness to protect the child from the effects of ongoing litigation regarding child custody
  • The parent’s demonstrated ability, willingness, and knowledge to be informed of the child’s circumstances

An experienced family lawyer understands the law and can use it to argue the case in your favor. Contact an attorney today for more information.

Contact Our Child Custody Law Firm in Orlando, FL

Contact the experienced Orlando child custody lawyers at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803