Child Custody
and Visitation

In the State of Florida the court shall determine all matters relating to custody of each minor child of the parties in accordance with the best interests of the child. It is the public policy of Florida to assure that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing. After considering all relevant facts, the father of the child shall be given the same consideration as the mother in determining the primary residence of a child irrespective of the age or sex of the child.

The court shall order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child.

In ordering shared parental responsibility, the court may consider the expressed desires of the parents and may grant to one party the ultimate responsibility over specific aspects of the child's welfare or may divide those responsibilities between the parties based on the best interests of the child. Areas of responsibility may include primary residence, education, medical and dental care, and any other responsibilities that the court finds unique to a particular family.

For purposes of shared parental responsibility and primary residence, the best interests of the child that the court will consider shall include an evaluation of all factors affecting the welfare and interests of the child, including, but not limited to:

• The parent who is more likely to allow the child frequent and continuing contact with the nonresidential parent.

• The love, affection, and other emotional ties existing between the parents and the child.

• The capacity and disposition of the parents to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in lieu of medical care, and other material needs.

• The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

• The permanence, as a family unit, of the existing or proposed custodial home.

• The moral fitness of the parents.

• The 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.

• Evidence that any party has knowingly provided false information to the court regarding a domestic violence proceeding pursuant to s. 741.30.

• Evidence of domestic violence or child abuse.

• Any other fact considered by the court to be relevant.

Please feel free to contact our law firm to discuss your family law issue. While the circumstances of each case are different and may require different courses of action, regardless of the method chosen, the goal remains the same - to secure the best possible resolution for the client.