Three Best Interests of the Child Factors that Many Parents Do Not Know About in Florida

Florida is a best interests of the child state (Florida Statutes § 61.13(3)). In a custody dispute, courts determine what arrangement is best for the health, well-being, and development of the child. It is a comprehensive standard. There are a number of different factors, including some that parents may not fully understand. Here, our Clearwater child custody lawyer highlights three best interests of the child factors that many parents do not know about in Florida.

#1: Each Parent’s Ability to Honor the Parenting Plan

Many parents focus on the amount of time-sharing they want. That matters. Parental time-sharing is extremely important. Beyond that, Florida courts also look closely at whether each parent is actually likely to follow the parenting plan once it is entered. Under state law, the court may consider each parent’s demonstrated capacity and disposition to facilitate and encourage a close and continuing parent-child relationship, honor the time-sharing schedule, and be reasonable when changes are required. In other words, a parent’s conduct during the case can matter. A mother or father who withholds access, refuses ordinary communication, makes unilateral decisions, or treats the other parent’s time as optional may undermine his or her own position. Judges want a parenting plan that works in real life, not just on paper. 

#2: Division of Parental Responsibilities After the Case 

Florida courts do not only consider where the child will sleep. They also consider which parent has historically handled the practical responsibilities of raising the child. That may include school communication, medical appointments, homework, extracurricular activities, transportation, daily routines, and coordination with teachers, doctors, therapists, or caregivers. A parent does not need to be perfect. However, the court may give weight to evidence showing which parent has been consistently involved in the child’s day-to-day needs. In contested cases, calendars, school records, medical records, messages, and testimony from third parties may become important evidence.

#3: The Child’s Developmental Needs

Florida’s best interests standard is both comprehensive and child-specific. It is about what is right for the child’s current and long-term development. Among other things, a court may consider the child’s age, developmental stage, emotional needs, educational needs, and need for stability. For younger children, consistency in routines may be especially important. For older kids, school placement, community ties, activities, and peer relationships may carry greater weight. Courts may also consider whether a proposed schedule is realistic based on distance, work schedules, transportation, and the child’s ability to transition between homes. The core question is not what arrangement seems equal or convenient for the parents. Instead, it is what arrangement best supports the child’s welfare.

Speak to Our Clearwater, FL Child Custody Lawyer Today

At the Law Office of Gale H. Moore P.A., our Clearwater child custody lawyer is committed to putting parents and children first. If you have any questions about the best interests of the child standard, we can help. Contact us today for a completely confidential case review. We handle child custody cases throughout the wider region in Florida.

Source:

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