Which Parent Is More Likely To Gain Child Custody During a Florida Divorce?

When a couple is going through a divorce with minor children involved, child custody, parenting time, and child support are major issues. Both parents may fight to gain custody of their children.

Divorcing parties often ask which parent is more likely to get child custody. Many people believe that mothers are more likely to gain custody. While it may be true that more mothers get custody, the sex of the parent typically isn’t the reason in Florida.

How Do Florida Courts Determine Child Custody in Divorce Cases?

Before 2008, Florida laws used the “tender years doctrine” to determine child custody. This doctrine stemmed from the prevailing idea that mothers were best suited to care for children. For many years, fathers were rarely regarded as more than financial providers.

After rigorous investigation, the statutes on custody matters were amended so that sex didn’t influence child custody orders. Instead, the law seeks to determine how best to serve the child’s interests.

Florida laws favor shared responsibility between the parents, but this isn’t always possible. Some divorcing parents disagree on reasonable parenting arrangements, seeking the court’s intervention to determine the matter.

When parents can’t come up with a reasonable parenting schedule and arrangement, the court uses established legal guidelines to assess each parent’s capability, willingness, and past behavior to issue custody orders.

Factors That Determine the Best Interests of a Minor Child

Chapter 61 Section 13 of Florida’s legal code provides guidelines for child support, including parenting, time-sharing, and the powers of the court. 

The court assesses several factors to determine custody arrangements, including the following:

  • Each parent’s capacity and disposition to foster and facilitate a parent-child relationship, follow a time-sharing schedule, and accommodate necessary changes
  • Division of parental responsibilities and the role of third parties, such as nannies
  • Each parent’s demonstrated ability to act in accordance with the child’s needs
  • The duration the child has lived in a stable environment and possible continuity
  • The geographic viability of the proposed parenting plan
  • Each parent’s moral fitness
  • The child’s reasonable preference
  • Each parent’s knowledge of the minor child’s circumstances
  • Each parent’s capacity to provide a consistent routine
  • Each parent’s ability and willingness to communicate with the other parent on issues regarding the minor child
  • Evidence of domestic and sexual violence, child abuse, abandonment, or neglect

This list is by no means exhaustive. A court may also examine any other factors a judge believes are relevant, as it’s the court’s responsibility to understand which parent has the best capacity and willingness to act according to the child’s needs. 

Additional issues worthy of consideration may include one parent lying to the court about the other parent’s behavior to increase their chances of getting child custody. While the courts strive to uphold each party’s parental rights, the primary concern is doing what’s best for the child.

Child Custody Cases Are More Complex Than a Parent’s Sex

In Florida, neither parent is more likely to gain custody based solely on their sex. The courts strive to make decisions that serve the best interests of the child, considering a wide range of factors, circumstances, and dynamics. While historical trends have often favored mothers, there’s an increasing emphasis on shared parenting and equal time-sharing arrangements. 

Ultimately, the parent who can best demonstrate the ability to provide a stable, nurturing environment and facilitate a positive relationship with the other parent is more likely to gain favorable custody terms. This means that the courts will examine each case on an individual basis rather than making a judgment based on insubstantial biological characteristics.

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