The best interests of your child will be subjective at best, and it will be difficult for the average parent to view those interests objectively. Although your personal opinion matters, if you’re litigating your child custody case in court, you will need to understand how a Florida family law court will determine your child’s best interests so that you can better argue your case.
There are some vital questions that courts will ask when establishing what your child needs to live happily. The answers to these questions in your case can impact the final custody decision.
How capable are the parents of providing a loving and supportive environment for the child? The court will want to know if the parents are financially, emotionally and psychologically fit to serve as a parent. They will examine the parents’ physical and mental health histories, as well as their employment status to evaluate the answer to this question.
Which parent is the primary caretaker? In some families, parents share child care activities equally. In other families, only one parent serves as the caretaker. Courts will often seek to ensure that this primary caretaker receives more weight in child custody considerations.
Does either parent have a problem with substances, criminal activity or abusive behavior? If the answer to this question is yes, then the parent with the problematic history is probably not fit to serve as a parent. The court might award only supervised visitations to this parent.
How would you answer these questions? If you want to know how a court will decide your child’s best interests, you may want to view your child custody case within the context of the above considerations.