Most people have no access to the inside of a courtroom, and most of us will never have reason to attend one. But if you’re a parent in Florida with children, you may be involved in a child custody case at some point that could involve a judge. So it’s important to understand what factors judges take into consideration when deciding custody cases. Florida law allows for joint custody arrangements, but judges usually default to giving one parent primary physical custody and the other sometimes on weekends or during holidays. In Florida child custody cases, judges consider several factors when making decisions about child custody and visitation arrangements.
These factors are intended to ensure that the best interests of the child are prioritized.
1. Allegations of Abuse or Domestic Violence:
If abuse allegations are made during the child custody proceedings, the judge is required to determine if there has been abuse. Denial of the allegations of abuse would be a factor in support of the other parent’s contention that a physical custody arrangement would not be in the best interests of any child involved. If the allegations are found to be true, a judge would consider the potential for emotional harm and mental anguish to the child and the parent who makes the allegations.
The court may also grant custody to the parent that has been accused of abuse to avoid placing the child in an abusive situation.
2. Stability of the Child’s Current Home:
If the child is currently living in one of the parent’s homes, the judge may consider that when deciding custody arrangements. If there has been a recent break-up of a marriage or other family situation, a judge may decide to grant the other parent custody based on stability. This may be a difficult factor to prove because it could involve judging dissimilar situations.
A judge would look to see if there has been any change in the circumstances relative to their children whether that includes an increase in domestic violence or drug abuse at home.
3. Ability of a Parent to Meet the Child’s Needs:
In Florida, judges are required to consider a child’s needs. This includes things like the health, safety, and welfare of the child. A judge will often look at a parent’s support payments to see if they can meet these needs. If a parent has been found financially irresponsible or unable to provide financial support, such as when someone is unemployed, homeless, or incarcerated, the court may find that parent is not able to take care of the child’s day-to-day needs.
4. Other Individuals in the Home:
If the child is living with other people in the home, such as grandparents, then the judge will look at how that affects a child’s safety. For example, if it just seems like the child’s grandparents are there to offer moral support or as babysitters while another grandparent works or goes to school full-time, then judges may not find that arrangement to be appropriate because the grandparent’s role may not be clear to the child.
5. Allegations of Substance Abuse:
In addition to considering allegations of abuse, a judge may also consider any allegations of substance abuse when making a child custody decision. There is no consideration that will automatically favor one parent over the other in such a situation, but there is a recognition that an addicted parent may not be able to meet the child’s needs. If the addiction is so severe that it causes problems in parenting or has caused neglect, then judges may award custody to the other parent.
A judge will likely consider other factors to ensure the safety of the child, such as if one parent has been found to be a substance abuser who is currently clean and sober.
6. The Child’s Preference:
A child’s preference is a factor in Florida child custody cases. This factor is only considered if the child is of sufficient age and maturity to form an intelligent preference. If the court finds that the child does not clearly express a preference, a judge may consider that fact in favor of other factors considered during these proceedings. However, this factor is not intended to be determinative of all other factors in a custody case.
Florida child custody cases are not meant to be understood as a simple rights-based system, but as one that is designed to ensure the best interests of a child. The court will look at the other factors discussed in this article and make determinations based on these factors, which may include consideration of how many other people are in the home, a parent’s physical or mental health and stability, and other factors that affect how best to care for the child.
In Conclusion:
Child custody disputes are usually not serious family or legal issues in Florida. There is no reason for anyone to enter a child custody dispute with anything but love in their hearts for the child involved. These issues should be addressed as soon as possible, after which the parents can proceed accordingly.
Also read: 4 Things You Need to Know About Child Custody Mediation
