This is the next post in my series on questions which Melbourne parents commonly have about Florida child custody laws. My last article discussed how Florida defines child custody. It is important to understand that our state separates custody into “legal” and “physical” designations. While the Court will presume that custody should be shared, it will vary from this presumption if it is in the best interests of the child. This article will expand upon that discussion by addressing how those best interests, and hence child custody, is determined. If you are in need of assistance then contact my office today to speak with a lawyer.
Florida Courts will consider a variety of factors when determining what is in a child’s best interests
Florida Courts look at a variety of factors when determining what is in a child’s best interests. The Courts are required to look to these factors when making any determinations; a Judge may not simply rule by deciding what they personally think is best. Factors which the Court will consider include the wishes of a child that is mature enough to make informed decisions, the historical relationship each parent has enjoyed with the child, the physical and emotional needs of the child, the ability of each parent to meet those needs, whether there is a history of domestic violence, and more. A Court is not required to weigh each of these factors equally. In other words, one may weigh so heavily in favor of a parent that the Court may decide the case on that basis alone.
Consider the following example. Jack and Jill have a ten-year-old child and need to establish custody as part of their divorce proceedings. Jill will remain in the current residence and Jack will be moving forty miles away for work. The child attends school from the current residence and the parents agree that the school should not be changed. Jack wishes to have an “every other week” schedule. Getting the child to school each morning, and picking the child up each day, is impractical for obvious reasons. Under a scenario such as this, the Court would likely grant Jill primary custody. How the Court will rule in any given matter, however, will always depend on the facts of the situation.
Melbourne child custody cases begin by filing a Petition with the Court
The first step in any child custody case is to file a Petition with the Court to initiate legal proceedings. If the parties are married then custody will be determined as part of their divorce case. The parents will typically attend mediation and if an agreement is not reached then the Court will be asked to put a temporary arrangement in place while the case is pending. This temporary arrangement allows the parents to have a set structure, which must be followed, while they are awaiting trial. If a settlement cannot be reached at any point then the case will conclude with a bench trial. Litigating such a matter can involve complicated questions of fact and law and it is important to have an experienced attorney assist you.
Contact my office to speak with a Melbourne child custody lawyer if you are in need of assistance. I practice solely in the area of family law and I understand the importance of quick action in such matters. I pride myself on providing the highest level of service and we look forward to speaking with you. We also service clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.