Child Custody in Florida

May 29, 2019

What is Stat. § 61.13(3) in Florida?

Decisions pertaining to child custody, time sharing, parental responsibility, and other parenting issues under Florida law are made in accordance to the provisions made under Pla. Stat. § 61.13(3). This basically means that a court in Florida is mandated by law to look at the best interest of the child as the primary consideration. This statute, provides that the court has to be guided by the best interest of the child in deciding on parental responsibility alongside establishing a parenting plan. For purposes of establishing what actually entails the best interest of the child, the court has to make an analysis of all the factors surrounding the welfare and interests of the children in question, alongside the general and specific circumstances of the family in question.

Some of the factors that are usually taken into consideration by the court are inclusive of, but not limited to, the fact that there is need for each parent to have demonstrated their capacity to effectively look out for the interest of the child in question. This may be demonstrated through each parent’s ability to facilitate and inspire a close and ongoing parent-child relationship, to dutifully adhere to the time sharing schedule, and to reasonably accept changes when they come across them.

Secondly, there is the expected splitting of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties. There is also the demonstrated capacity and outlook of each parent to decide, deliberate, and act upon the necessities of the child in contrast to the parent’s desires. The moral fitness of each parent is also an important factor.

These are just of the few factors that ought to be taken into consideration in order to ascertain that the child’s best interest is taken consideration when making decisions pertaining to child custody in Florida.