While your child might express a desire to live with one parent, and the preference will be taken into consideration, the child does not ultimately decide where to live. Employment and criminal history can affect custody decisions. However, these are not the only factors evaluated when determining where a child of divorced parents lives.
A significant determining factor in child custody and visitation decisions in Florida involves the living accommodations of each parent. Where each parent lives and how this may impact the child’s best interest will both be taken into consideration.
It is an antiquated notion that children of divorced parents automatically live with their mother. Today, many fathers fight to be the primary custodian of their children. In cases where there is a child custody dispute, the child will most likely live with the parent who can provide the most stable living situation. The judge will want to know where the children will sleep and how much space you have in your home. Here are a few other things the judge will consider when it comes to your living situation:
Safety
The court’s duty is to ensure that the child’s emotional and social development are maintained. This can be achieved by ensuring they live primarily with the parent that can provide their basic needs and ensure their health and safety. Therefore, allowing them to live in an unsafe house, environment, or neighborhood would be a violation of that duty. Unsafe environments may expose the child to convicted sex offenders, substance abusers, poisonous materials, drugs, and weapons, or extreme temperatures.
Enough Space to Accommodate the Child
The court will expect that the parent’s accommodations provide enough space for all the children involved. This also impacts overnight visitation decisions. If you have four children spending the weekends with you, they should not have to cramp together in one bed. The courts may require proper and distinct sleeping accommodations for each child, particularly for infants and toddlers.
School and Extracurricular Activities
It is usually in the child’s best interest to not disrupt their lives and pull them out of their school, separating them from their friends, favorite teachers, and extracurricular activities. A parent may insist that they will live in a district that has better schools. This will be taken into consideration along with the child’s ability to adjust to change, particularly if that parent’s home will provide the child with more safety and security.
The Child’s Age
Older kids will need more space and privacy. You may be required by the court to provide a teen child with their own bedroom, specifically a private place for them to get dressed. Sharing of rooms between siblings is typically not an issue as long as the children have adequate space to maintain their health and safety. The people who are going to be around the children during time-sharing is also another important consideration.
Whether your children live with you or you enjoy regular overnight visitations, your goal should be to provide your kids with safe accommodations. To learn more about what qualifies as an adequate living accommodation in Florida that will help you with a custody dispute, consult a lawyer specializing in divorce and family law.
Family Law Attorney Debora A. Diaz offers a consultation at a reduced rate to discuss the facts of a particular situation and to inform the client of the applicable laws. Be informed. Contact Debora A. Diaz at 727-846-1802.
Attorney Diaz is also a Supreme Court Certified Family Law Mediator and is available to mediate your case.