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5 Factors That Affect Child Custody Decisions

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5 Factors That Affect Child Custody Decisions

When parents choose to end their marriage, any decisions about child custody may become emotionally charged. As in most other states, family courts in Florida prioritize the best interests of children when making decisions for custody arrangements.

However, several other factors can affect the process, and things can get complicated in a hurry. These are five things that courts consider when determining how much time each parent will spend with their child.

1. The Child’s Best Interests

The guiding principle of any custody decision is what’s in the best interests of the kids. Florida courts focus on making sure that custody arrangements promote the overall well-being of children, not their parents.

But what exactly does “best interests” mean in this context?

While circumstances vary from case to case, the court generally takes several factors into account:

  • Emotional Needs: Which parent is best able to provide a nurturing and stable emotional environment
  • Educational Needs: Which parent will make sure the child gets to school, stays involved in school activities, and so on
  • Health Needs: Which parent will be better able to take care of the child’s physical and mental needs

The focus on a child’s overall best interests means that no single factor will determine the outcome. Instead, the court looks at several aspects of a child’s life to figure out the most beneficial arrangement for them. 

To help the court look favorably on their custody case, a parent must show that they are willing to prioritize their kids’ needs. For example, they can prove their commitment to supporting their children’s growth and development by being actively involved in their lives, going to school functions, and keeping a stable home environment. 

2. Parental Fitness

Parental fitness refers to a parent’s ability to offer a safe, nurturing, and stable home. 

Orlando courts will go over each parent’s ability to meet their family responsibilities, considering the following issues and more:

  • The mental and physical health of each parent and whether it will affect their ability to take care of the children
  • Any history of drug or alcohol abuse, which could greatly affect custody rights
  • Any criminal history, especially crimes involving violence or child endangerment
  • Each parent’s ability to provide food, shelter, clothing, and other basic needs

A shortcoming in one of these areas does not mean that a parent will automatically lose custody. As an example, a history of alcoholism or drug use won’t disqualify a parent from shared custody if they’ve shown (or can show) their commitment toward recovery and stabilizing their home environment.

It’s important for parents to avoid bad-mouthing each other when these issues arise during court proceedings. Judges frown on this type of behavior, and it could backfire because it shows a lack of ability to cooperate with the other parent.

3. An Older Child’s Preferences

As children get older, their opinions matter more in custody arrangements. Depending on the child’s age and maturity level, Florida law lets judges consider which parent the child would prefer to live with. 

There’s no specific age when a child’s preference can become a factor. The court will assess the child’s maturity and determine whether they can reasonably articulate whether they prefer to live with one parent as opposed to the other. 

However, this preference is only one part of the equation. If the judge believes the choice is not in the child’s best interests — say, because it’s based on materialistic reasons or pressure from one parent — the judge can disregard the child’s opinion.

If your child is old enough to express their choices, encourage them to be open and honest. However, avoid putting them in the middle of the dispute, and don’t try to unfairly influence their decision. Courts can tell when a kid is being manipulated or pressured to favor one parent over another.

4. Stability and Continuity

Family courts generally prefer custody arrangements that cause the least disruption to the children’s lives. They understand that children are more likely to thrive when adults can maintain a sense of continuity in spite of the changes happening around them. 

These are some factors that are often considered by courts:

  • Geographical Stability: Frequent moves or the possibility of relocating could hurt a parent’s custody case, especially if it could disrupt a child’s education or social life
  • Consistent Routines: Courts also favor parents who keep consistent daily routines, from school attendance to bedtime schedules
  • Long-Term Caregiving History: If one parent has been the primary caregiver for most of the children’s lives, they might be favored in custody decisions

A parent can help their case by proving that they can maintain a stable living environment and regular routines. Being able to offer consistency post-divorce can help the parent make a compelling argument to the court. 

5. Co-Parenting Ability and Willingness

Florida law puts a lot of emphasis on the ability and willingness of both parents to foster a relationship between the children and the other parent. Courts view co-parenting as a vital aspect of kids’ well-being and development, and they’ll carefully evaluate each parent’s attitude toward this responsibility.

Some of the factors that affect this assessment are:

  • Parental Communication: Parents must be able to talk to each other effectively about their children’s health, emotional needs, education, and so on
  • Cooperation: Parents must be willing to cooperate with each other and share parenting responsibilities
  • Alienation Attempts: Trying to undermine their kids’ relationship with the other parent could severely hurt a parent’s case for custody 

To improve your chances of getting a favorable custody arrangement, you must show that you’re willing to work with the other parent. Never make disparaging remarks about them in front of your children. Courts appreciate parents who make an effort to set aside their differences and focus on what’s best for their kids.

The Path To the Best Custody Agreement

Judges consider many complicated factors before issuing child custody decisions. If you want to build a better case for custody, it helps to know what influences these decisions. Most importantly, you should keep in mind that your children’s needs come first. You should also be willing to cooperate with the other parent and prioritize maintaining a stable and nurturing environment.

If you’re dealing with a child custody case in Orlando and need experienced legal help, contact Conti Moore Law Divorce Lawyers, PLLC at (407) 831-0203 to set up a free consultation. Our team will advocate for your parental rights while prioritizing your children’s needs.

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