What Do Judges Look for in Child Custody Cases?

Every state, including Florida, has enacted legislation requiring judges to consider the child’s best interests when determining custody issues. In fact, Florida Statute 61.13(3) specifies that “[f]or purposes of establishing or modifying parental responsibility and creating, developing, approving, or modifying a parenting plan, including a time-sharing schedule, which governs each parent’s relationship with his or her minor child and the relationship between each parent with regard to his or her minor child, the best interest of the child shall be the primary consideration” (emphasis added).

This statute goes on to explain that when determining what the child’s best interests are, the court has to evaluate “all of the factors affecting the welfare and interests of the particular minor child and the circumstances of that family.” It then provides a list of 20 factors that should be considered. Notably, the statute provides courts with the broad discretion to consider “[a]ny other factor that is relevant to the determination of a specific parenting plan.”

If you’re involved in a child custody matter, you should carefully review the factors listed in this statute and think about how they apply to you. Do your actions up until this point conform with the goals set forth in the list? If not, you may need to consider adjusting your approach, otherwise you’ll be at risk for losing custody of your child. Rather than focusing on your ex-spouse’s faults, direct your efforts into making sure that your own conduct is satisfactory.

The Greater Tampa Bay Area’s Premier Family Law Firm

Parents throughout Tampa Bay can turn to the Law Offices of Audrey A. Jefferis, P.A., for assistance with child custody matters. We have locations in New Port Richey and Palm Harbor, and we’d be happy to meet with you at whichever office you’d prefer. Contact us to set up an appointment.