Determining child custody and visitation
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Determining child custody and visitation

| Feb 3, 2020 | Firm News |

Making decisions regarding children during a divorce is a difficult process. The good news is that the court always puts the best interest of the child first. There are a lot of things to decide on who gets the primary custody, how much visitation the other parent has, and whether the parents can share custody. 

Children are mostly affected during divorce processes, and parents must put their differences aside to come to an amicable agreement.  Florida Child Custody Law recognizes both parents have rights to the child and can; therefore, grant shared custody. 

Here are some questions that the court might consider when determining child custody. 

Are there any emotional ties? 

It considers how the child relates to the other parent and how they feel in their presence. 

What is the other parent’s ability to provide? 

The court also looks at the parent who is in a better position to provide for the child. However, 2019 Florida Statutes requires that parents give equally to the child. It may consider the parent who has been putting the child’s needs first. 

How much care and guidance does the child need? 

While both parents may love the child equally, one of them must outdo the other in showing affection, guidance, and correction. 

How is the health of the parents? 

The judge also considers the health of the parents to decide who gets primary custody. The primary custodian must be healthy, both physically and mentally. 

It is not news that a parent may fail to get both custody and visitation based on the findings of the judge. The judges must look at different angles and even ask miscellaneous questions before granting custody and visitation rights.