Florida Divorce Law...

Florida Law - Who Gets Custody?

The court considers the best interests of the child. The court tries to keep both parents involved with the child, both for the child's benefit and for theirs.

The court will not assume that the child should stay with the mother, but will give the father equal consideration.

Some form of shared custody is favored, unless that is detrimental to the child. If there is child or spousal abuse, the court will likely find that it would be detrimental to the child to give that parent custody.

Factors which the court will consider include the following:

• The parent who is more likely to allow the child frequent and continuing contact with the other parent.
• The love, affection, and emotional ties existing between the parents and the child.
• The capacity and ability to meet the child's material needs.
• The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining stability.
• The permanence, as a family unit, of the current or new custodial home.
• Moral fitness of the parents.
• Mental and physical health of the parents.
• The home, school, and community record of the child.
• The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding and experience to express a preference.
• The willingness and ability of each parent to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.

Grandparents also have rights to visitation, if in the child's best interest. The court may award custody to grandparents. And, if the child is living with the grandparent in a stable relationship, the court may consider the grandparent to be as worthy of custody as the parents.

Section 61.13(2)(b),(c).

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