Divorce Guide

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Florida divorce custody

Florida divorce custody cases are solved keeping in mind the general guidelines in child custody. The best interests of the child should be given the highest priority. The entire decision-making of the courts in Florida dealing with divorce revolve around this premise.

When two divorcing partners fight for their childís custody, they are advised to resolve the custody issues out of the court, maybe taking the help of divorce custody mediators. However, they may not arrive at a consensus and thatís when the courts are asked to step in. Child custody in Florida is awarded on the following considerations:
  • Sole parental custody

    In Florida, one parent may be awarded the entire custody of the child owing to the other spouseís incapability of taking up the shared responsibility.

  • Joint parental custody

    Courts dealing with Florida divorce custody cases may consider the option of joint custody of the child where both the parents would be involved in taking legal decisions of the child. As it is understood, legal custody is generally shared but the physical custody is awarded to one parent owing to practical reasons. The non-custodian parent is awarded visitation rights in Florida divorce custody cases.
Who gets the custody of the child?

In the state of Florida, judges awards decisions of child custody based on some factors. They have been summed up below:
  • Florida divorce custody cases are much simpler to analyze. Judges generally award custody of the child to that parent who is most likely to adhere to the parenting plan and is more law-abiding. The parent, who is more likely to understand the role and importance of the other parent in the all-round development of the child, is preferred in custody issues.
  • Relationship between the child and the parents are analyzed to determine who gets the physical custody and whether the other divorced partner gets visitation rights or not. When Florida divorce custody cases land on the bench of the judges, emotional ties between the child and the parent is thoroughly analyzed to determine who wins the custody.
  • Financial conditions of the parent to whom child custody might be awarded to is also taken into consideration, though this is not an overriding idea. After all if the best interests of the child are met with the financially weaker partner, then in such Florida divorce custody cases, child support and alimony are to be paid by the other parent.
  • In the courts of Florida, judges give a great deal o stress on the moral background of the parent who gets the custody of the child. His /her moral behaviors, indulging in any kinds of sexual abuse, extra-marital affairs which are in the knowledge of the child etc are thoroughly analyzed while handling the divorce custody cases.
  • Florida divorce custody decisions are made based on the physical and mental health of the parents. If any parent is known to be suffering from any mental illness or physical ailment, then the child custody is awarded to the other parent.
  • It is very rare that the child is asked to tell his/her preference of parent with whom he/she wishes to live. This is true in almost a majority of Florida divorce custody battles. However, there are instances, though very few, that a judge has asked the inclination of the child in his/her private chambers without the presence of his parents or any attorney. This is to reduce guilt pangs in the heart of the child.
  • Child custody cases in Florida are also determined on the basis of any evidence of domestic violence in the family targeted against the child or where the child is the witness. Judges never give custody to the parent involved in child abuse, taking drugs or being alcoholic as they would be incapable of taking care of their ward.
Apart from the above mentioned factors, any other relevant detail which would have an impact on the growth of the child is minutely analyzed to give out the final custody verdict.

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