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.
In Florida, including Tampa and Hillsborough County, courts commonly refer to custody as:
- Parenting plans
- Timesharing arrangements
- Shared parental responsibility
- Sole parental responsibility
What Is the Difference Between Physical and Legal Custody?
Though often used interchangeably, physical custody and legal custody involve different responsibilities.
Physical custody generally determines:
- Where the child lives
- Which parent provides day-to-day care
- Overnight schedules
- Transportation responsibilities
- Daily supervision routines
Legal custody typically determines:
- Medical decisions
- Educational decisions
- Mental health care
- Religious upbringing
- Participation in extracurriculars
What Does the “Best Interest of the Child” Mean in Florida?
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.
Why Florida Courts Use the Best Interest Standard
The Florida family court uses this standard, as every child and family situation is different. What may be beneficial for one family is not beneficial for another.
Courts in Tampa and throughout Hillsborough County evaluate custody matters individually to establish parenting plans that prioritize stability, safety, and emotional support. When determining what is in the child’s best interest, the court in Florida considers matters related to the emotional and developmental needs of the child, household safety, continuance in education, and cooperation between parents, in addition to other factors.
What Factors Do Florida Courts Consider in Child Custody Cases?
As such, there are many factors the courts must consider to determine the best fit for the child.
Factors Examined by the Courts
- 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
- The child’s emotional needs and development
- If the siblings were to remain together
- The stability of each household
- The child’s adjustment to school and community
Do Florida Courts Prefer Equal Custody?
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, equal custody is not automatically granted in every case.
The court may determine that equal parenting time is necessary, depending on:
- The child’s safety
- Each parent’s stability
- Domestic violence concerns
- Substance abuse issues
- The child’s individual needs
When Can One Parent Receive Majority Custody
A court may award one parent the majority of parenting time or sole responsibility when the situation suggests doing so to better protect the child’s well-being. Examples include:
- Domestic violence allegations
- Severe parental conflict
- Ongoing substance abuse charges
- Repeated violations of court orders
- Abandonment concerns
- Unsafe living conditions
- Child abuse or neglect concerns
Contact an Experienced Family Law Firm
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.
