Child custody is typically one of the most challenging aspects of any divorce. While issues like marital property division and spousal support can lead to heated exchanges, custody matters are considered by the court with the utmost importance. Courts are heavily invested in child custody decisions, ensuring they are in the “best interests of the child.” But what do judges look for when making these decisions?
The Legal Rights and Obligations of Parents Toward Their Children
Both before and after divorce, both parents have legal rights and responsibilities toward their children. Their rights include
- The right to make decisions about their education, health, religious upbringing, and residence
- The right to make legal decisions for them
- The right to spend quality time with them
But with these rights also come critical responsibilities, including
- The duty to provide them with shelter, clothing, and nutritional food
- The duty to provide them with a proper education
- The duty to provide them with adequate medical and dental care
- The duty to provide them with a safe and stable environment.
When it comes to child custody matters in a divorce context, however, the factor that supersedes all parental rights is what is in the best interests of the child. While that can seem like a very broad parameter, it primarily means that the stability of their environment and their ability to have a loving and ongoing relationship with both parents are what the court will prioritize.
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Stability
Joint legal custody is the most favored approach by Florida courts, with both parents sharing decision-making about their children’s health, education, religious upbringing, and activities. However, the more contentious issues tend to be in cases of who will be the child’s primary physical custodian and how parents will share physical parenting time.
Custody is not about who the “better” parent is or what is fair or not to the parents. The court will make decisions based on what serves the stability and well-being of the child first and foremost. And because Florida courts have a great deal of discretion in determining what stability looks like in a custody determination, it will look at many factors, including:
- Parental responsibility history – Who has taken on the primary parental responsibility role in the past, and how were tasks divided before they chose to divorce?
- Current living arrangements – What is the child’s current living arrangement, and what does each parent offer in the way of a stable living environment?
- Parents’ physical and mental well-being and moral fitness – What are both parents’ physical and mental health status? What is the moral character and conduct of each parent? Which parent represents the best fit for the child given the circumstances?
- Parents’ involvement and consistency – How consistent and involved is each parent in the child’s everyday routines and educational and extracurricular lives?
- Substance abuse – Has drug or alcohol abuse been an issue for either parent?
- Domestic violence – Is there a history of domestic violence or child abuse or neglect?
- Child’s preference – Depending on their age and maturity, does the child have a preference about their custody arrangements?
Cooperative Co-Parenting Skills
The other primary concern of the courts is the ability of each parent to foster a positive co-parenting relationship with the other parent. How willing are parents to cooperate in decisions regarding the child, putting their child’s needs ahead of their own? Courts will also look closely at how willing parents are to encourage their child’s ongoing relationship with the other parent. This level of co-parenting requires effective and cooperative communication and a commitment to their child’s well-being, no matter how difficult their relationship has been.
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What Happens if One Parent Believes the Other is “Unfit” for Shared Custody?
It is not uncommon for parents to feel the other is not as well-equipped as they are in custody battles. Most of the time, it has more to do with the contentiousness of their own relationship, and bringing this into a custody setting often works against them. The court wants to see parents who can work for the benefit of their child and not bring anger and vengeance toward the other into the process.
However, there are times when a parent has reasonable concerns that their child is genuinely unsafe with the other parent and wants to protect them. While Florida laws state that both parents should share the responsibility for a minor child, sometimes shared responsibility can be detrimental to the child. In this case, the parent seeking to restrict or deny the other’s custody rights will have the burden to prove to the court that equal access to the other parent is not in the child’s best interest and poses a risk to their well-being.
Some key reasons the court might prevent a parent from having custody include
- Domestic violence – A history of domestic violence will be a significant factor in any custody issues. When one parent has had a history of violence toward the other parent, the child, or others in the household, the court may decide that awarding shared custody to that parent may endanger the child.
- History and evidence of abuse or neglect – If there is credible evidence that a parent has abused or neglected the child, the court may decide that it is not in the child’s best interest to be in this parent’s custody without supervision or at all. Abuse can include physical, emotional, or sexual abuse. Neglect is the failure to provide necessary care, supervision, or support to the child.
- Substance abuse – If a parent has had severe substance abuse problems and has shown no interest or success in addressing them, the court may decide it could affect their ability to care for the child or pose a risk to their safety, and custody may be denied.
- Mental health issues – Serious mental health issues can impair a parent’s ability to care for their child. The court will consider if a parent’s mental health condition is being adequately addressed and managed and whether it poses a risk to the child’s safety and well-being.
- A history of criminal activity – When a parent has a criminal history, especially violent crimes or crimes against children, the court will assess whether that behavior poses a threat to the child and their safety.
- Parental alienation – When one parent engages in behavior specifically designed to alienate the child from the other parent, the court may view this as harmful to the child’s best interests.
- Sexual offenses – When one parent is a registered or convicted sexual offender, particularly involving minors, the court is likely to deny custody.
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Supervised Visitation
In cases where the court finds that even if a parent poses some risk, it is still beneficial for the child to have contact with that parent, it might order supervised visitation, also referred to as supervised time-sharing. This is when there is structured contact between the non-custodial parent and the child in the presence of a designated supervisor, which could be the custodial parent, another family member, or a licensed professional. The supervisor could be someone both parties agreed upon or someone assigned by the court.
Getting the Assistance of an Experienced Tampa, Florida Family Law Attorney
Ultimately, the court’s goal in custody cases is that both parents play a meaningful role in their child’s life while ensuring the child has a safe, stable, and nurturing environment that will serve their best interests.
If parents can negotiate and agree on how they will navigate custody and parenting time that ensures their child’s well-being, the court will not have to make these decisions for them. If they cannot do this, the court will make these decisions based on the child’s best interests. Still, in other custody disputes, a parent may have to take appropriate actions to demonstrate their fitness for custody to address the court’s concerns.
Navigating a serious custody dispute can be emotionally taxing and legally complicated. At Melone Hatley, P.C., our experienced Tampa, Florida family law attorneys are your dedicated partners in navigating the challenging terrain of child custody and its many variables. Call us at (813) 742-5643 to schedule a free consultation or contact us through our website contact form.
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