When you are going through a divorce, one of the most troubling aspects for couples is custody. Unfortunately, this can be an incredibly contentious matter, as both parents may believe they are the best option for the child. As such, it is important to understand the factors the courts will take into consideration when determining how to divide custody. Additionally, you should note that the courts decide custody with the best interest of the child in mind. However, if you are unsure what this means, you’ll want to keep reading. The following blog explores this standard in further detail, as well as the importance of working with Tampa child custody lawyers to guide you through this process.
How Is Custody Divided in Florida?
First and foremost, it’s important to understand that there are generally two kinds of custody that can be awarded during a divorce in Florida. The first is physical custody, which represents the parent who is in charge of taking care of the child at any given time and where the child will reside. The next form of custody is legal, which represents the rights of a parent to make important decisions for the child, like what school they attend or the medical care they receive.
You should also note that custody can be shared or granted solely to one parent. For example, if one parent receives sole physical custody, they will have the child the majority of the time, while the other parent may receive limited visitation or weekends with the child. If shared, then the parents will have a more even amount of time with the child. Additionally, shared legal custody means the parents will be responsible for agreeing on any decision regarding the child.
What Do Courts Mean By “Best Interest of the Child?”
It’s important to understand that when parents cannot agree on how to divide custody, it can result in the court intervening to determine the outcome of this matter. However, you should note that the courts adhere to the “child’s best interest” standard when determining custody. This means that, above all else, the court will attempt to place the child in the circumstances it deems best for their health, well-being, and development. As such, there are many factors the courts must consider to determine the best fit for the child. This includes, but is not limited to, the following:
- The age and health of each parent
- Who the child’s primary caretaker was before the divorce
- The job demands and responsibilities of each parent
- Each parent’s income
- The ability of each parent to provide a safe and stable home
- The willingness of each parent to cooperate with the other
- Where each parent lives in relation to the other
- Any allegations or instances of abuse or neglect
- Any allegations of substance abuse
You should note that generally, the courts believe it is in the child’s best interest to maintain a relationship with both parents, and the court may begin by assuming equal custody is ideal. However, as they examine the factors, this can change, and custody may be granted to one parent instead. This is because what may be in the best interest of one child is the worst-case scenario for another.
Fighting for custody can be incredibly difficult. That is why it is critical to connect with an experienced attorney at Tampa Law Group. We understand how challenging these matters can be to navigate these circumstances, so we will do everything in our power to help you fight for the best possible outcome. Contact us today to learn more.
