Florida “Best Interests of the Child” Explained: What You Don’t Know Can Hurt Your Case

Florida “Best Interests of the Child” Explained

In cases of marriage dissolution or petition for paternity, parents who will share time with their minor child or children are required by Florida law to have a written parenting plan. For it to be approved by the court, it must detail a plan of how the parents will share responsibilities in daily parenting tasks, health care, school-related matters, and other activities. The parenting plan should also outline the child’s time-sharing schedule and the communication methods and technologies that the parents will use to communicate with each other and the child.

However, when it comes to the negotiation and agreement of shared parental responsibility and time-sharing/parenting time in a child custody matter, decisions are not made by whichever parent or primary caregiver has spent the most time with the child. While they may feel they know the child best, a judge ultimately makes decisions in child custody disputes using the “best interests of the child” as the primary consideration if the parties are not in agreement.

What does “best interests of the child” in Florida mean? 

Florida Statute 61.13(3) provides a list of 20 factors to help determine “the best interests of the child.” The judge may consider any factor that is relevant to the individual situation. The 20 factors can be categorized under the demonstrated capacity and disposition of each parent to fulfill parenting responsibilities, the health and safety of the child, the child’s emotional and developmental needs, and the moral fitness of each parent. Here is a summary of the 20 factors:

1. Demonstrated capacity and disposition to honor the time-sharing schedule and maintain a close parent-child relationship
2. The anticipated division of parental responsibilities
3. Demonstrated capacity and disposition of each parent to act upon the needs of the child
4. Length of time the child has lived in a stable environment
5. Geographic viability of the parenting plan
6. Moral fitness of the parents
7. Mental and physical health of the parents
8. The child’s home, school, and community record
9. The child’s preference
10. Demonstrated knowledge of each parent to be informed and involved in the child’s life, including knowing the child’s friends, daily activities, and favorite things
11. Demonstrated capacity of each parent to provide a consistent routine
12. Demonstrated capacity of each parent to communicate with the other parent
13. Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect
14. Evidence that either parent has knowingly provided false information to the court
15. The extent of the parenting tasks performed by each parent
16. Demonstrated capacity of each parent to be involved in the child’s school and extracurricular activities
17. Demonstrated capacity of each parent to maintain a substance-free environment for the child
18. The capacity of each parent to protect the child from ongoing litigation
19. Demonstrated capacity of each parent to meet the child’s developmental needs
20. Any other factors relevant to the parenting plan, including the time-sharing schedule.

What Happens if Parties do not Reach Agreement? 

I must stress that if the parties cannot reach an agreement on shared parental responsibility and time-sharing ultimately, the judge will determine parenting arrangements in child custody cases based on the “best interests of the child,” giving weight to parents who have demonstrated capacity and disposition to also put the child’s best interests first.

If you need help understanding the factors that determine the “best interests of the child” and what you can do to prove your capacity and disposition, consult a divorce and family law attorney.

I have over 25 years of experience in the practice of family and marital law in the state of Florida. If you have questions about divorce, child support, shared parental responsibility, time-sharing/parenting time, and parenting plans, contact Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/.

At this time, all consultations are by telephone or remote video conferencing in order to protect our staff and clients.

Attorney Diaz practices exclusively in divorce and family law in Florida. Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator