What Do Judges Look for in Child Custody Cases?

Child custody and time-sharing matters in Florida are decided based on the child’s best interests and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).

It is public policy in Florida for children to have ongoing contact with their parents. Therefore, judges begin with the presumption that joint custody is in the child’s best interest. However, judges must look at other matters in child custody cases to determine what is best for the child.

Matters Judges Consider in Florida Child Custody Cases

Judges consider numerous factors in child custody cases, including:

Statutory Requirements

Florida law directs judges to order shared parental responsibility unless the judge finds shared custody would be detrimental to the child. A judge must consider the following factors in a child custody case to determine if shared custody would not be in the child’s best interests:

  • Whether there is evidence a parent has committed domestic violence
  • Whether there is a reasonable belief a child is in danger of being the victim of neglect, abuse, or abandonment by a parent
  • Whether a parent has been convicted of domestic violence
  • Whether there is a reasonable belief a child is in danger of being the victim of sexual violence or domestic violence by a parent
  • Whether the court finds reason to terminate parental rights under Florida Statute §39.806
  • Whether a parent must register as a sexual offender because of a conviction for sex crimes involving a victim that was under 18 years old or the parent believed the victim was under 18 years old

Judges may also consider any relevant factors that relate to the child’s best interests.

Stability and Continuity

Divorce can be difficult for children. They have many changes to deal with, including not having both parents in the same home. Judges consider factors that help the child maintain stability and continuity, such as:

  • The child’s current living arrangements, including how each parent can provide a stable living environment
  • A parent’s history of taking care of the child and their parental responsibility roles before the separation
  • Whether a parent has been consistent in their involvement with the child’s routines and activities, such as attending school and extracurricular functions
  • The division of parental responsibilities and whether a parent delegates their responsibilities to third parties
  • A parent’s ability to foster a close and continuing relationship between the child and the other parent
  • The child’s attachment to their current school, community, and home
  • A parent’s ability to meet the child’s needs
  • Other individuals in the home, including extended family members and friends

Other factors may be considered depending on the circumstances of the case. A child’s mental health, school, and physical health may suffer without a stable environment to support them as they deal with their parent’s divorce.

A Child’s Preference

Judges may also consider a child’s reasonable preferences for custody arrangements. The court will determine if a child can make a reasonable decision based on their age, understanding, intelligence, and experience. Judges must be wary of parents who manipulate their children to make a specific decision regarding custody preferences.

Parental Fitness

Factors judges consider when determining parental fitness include, but are not limited to:

  • Allegations or evidence of a parent’s substance abuse
  • A parent’s mental and physical well-being and moral fitness
  • Evidence of domestic violence, neglect, or child abuse
  • A history of criminal activity, including sexual offenses
  • Parental alienation (i.e., a parent engages in conduct to alienate a child from the other parent)

If a judge finds that a parent is unfit, they may take several actions. In severe cases, a judge could terminate parental rights. Generally, a judge will order supervised visitation. A third party must be present during visitation with the parent to ensure the child’s safety.

How Can an Attorney Help With a Child Custody Case in Florida?

Parents are encouraged to develop parenting plans and time-sharing agreements that meet their child’s needs. Judges review proposed plans to ensure the terms are in the child’s best interests.

When parents disagree on custody terms, the court must make custody decisions for the child. Custody battles can be complicated, as they may involve numerous allegations by both parents who are seeking different custody arrangements.

Judges decide custody matters based on evidence and testimony presented in court. An experienced Orlando child custody lawyer understands how to use evidence and legal arguments to support your position. They have access to expert witnesses to provide opinions that strengthen your arguments.

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