How Do Courts Determine Custody?

According to divorce and family laws in Florida, the courts determine child custody, which Florida law now calls parental responsibility and time-sharing, based on what would be in the best interests of the child. During the custody hearing, the court addresses both the physical and legal care of children involved in their parents’ divorce or separation.

The Process of Child Custody

Florida child custody laws incorporate a version of the Uniform Child Custody Jurisdiction and Enforcement Act, which is enacted if the parents live in different states.

The purpose of this law is to make sure the custody hearings are held in the home state of the child. This Florida law also states that if a child is taken out of Florida during any part of child custody proceedings, the parent can be considered in violation of the law.

How Does a Court Decide Custody in Florida?

A number of factors are considered by the court to finalize the parenting plan and time-sharing schedule, including the following guidelines:

• The sense of responsibility and character of each parent.
• Whether a parent can meet the child’s needs and provide a stable home life.
• The length of time a child has lived in a stable home and the further need for stability.
• The amount of love and affection the child feels for each parent.
• The preference of the child (if the child is a suitable age and is able to inform the court of their desires).
• The willingness of each parent to maintain a loving relationship between the child and another parent.
• The physical and mental health of the child and both parents.
• The ability of the child to adjust to the new environment, including school, home, and community.
• The relationship of the child with all the extended family members.
• Any signs of domestic violence.
• The material needs of the child.

Florida law also states that both the parents must take a parenting course before their divorce is finalized.

Awarding Child Custody

Once the court has considered all the facts, it approves or creates a parenting plan based on the child’s best interests – regardless of either parent’s gender. It should be noted that Florida courts order shared parental responsibility unless it would be detrimental to the child, in which case one parent may receive sole parental responsibility.

Shared parental responsibility, which many people call joint custody, requires both parents to be able to make and approve the decisions regarding the child. This doesn’t necessarily mean that the child will have to spend an equal duration of time with both parents.

Since 2008, Florida courts no longer name a primary custodian or award visitation rights. Instead, the parenting plan sets out how decisions such as the child’s school and doctor will be made, and a time-sharing schedule sets out when the child will live with each parent.

Since July 1, 2023, Florida law presumes that equal time-sharing is in the child’s best interests. A parent who wants a different schedule must rebut that presumption by showing that equal time-sharing is not in the child’s best interests.

Once the court has approved the parenting plan, the judge signs the papers, which are filed with the court clerk. This final decision must be adhered to by the parents.

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