Child Custody

When couples get divorced who have children together a determination must be made as to which parent will act as the primary custodian for the parties' minor child(ren).  The standard followed by Florida courts is to do what is in the child's best interest, most often this includes "shared parental responsibility", which means both parents have decision-making power with one parent acting as the primary residential custodian.  In cases of abuse or neglect the Court may instead award one parent sole custody with the other parent having little to no contact with the parties' child(ren), this usually requires egregious behavior by the offending parent.  The Court considers many factors in determining the primary residence of children, including, but not limited to: which parent is more likely to allow access to the children and foster a relationship between the children and the other parent, which residence would provide the children with the most stability, the parents ability to provide for the care for the child, sometimes the Court will permit the child to express a preference, if they are of sufficient age and maturity.

Additionally, the Court must make a determination as to visitation with the parties' children and set out a visitation schedule.  Usually the Court will order unsupervised visitation unless there have been allegations of inappropriate behavior, abuse, or neglect, which could result in suspended or supervised visitation. See Florida Statute '61.13.


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