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3 Key Factors Courts Consider When Determining Child Custody

3 Key Factors Courts Consider When Determining Child Custody

Posted By Boswell & Dunlap LLP || 25-Mar-2016

During a divorce or separation that involves children, courts will always consider the wellbeing of the child before making critical custody decisions. Because child custody matters can become highly complex, it is best for divorcing or separating couples to retain experienced legal representation as soon as they consider divorce. A seasoned family lawyer can streamline the process and ensure each parent’s rights are protected.

To help you understand how Florida courts may determine child custody, our Polk County divorce attorneys have listed 3 key factors courts may consider during the separation or divorce process:

1. The Child’s Emotional Needs

When children are involved in a divorce or separation and the court must decide who will take primary custody over a child, the court will first consider the emotional wellbeing of the child. This is because courts must ensure a child is able to develop in a healthy way. For this reason, the court will always examine both parents to ensure they are fit to raise a child.

In addition, a court may consider the relationships between a parent and the following persons:

  • Medical care providers
  • Teachers
  • Friends
  • Parents of the child’s friends

2. The Physical Needs of the Child

The court will always examine both parents to determine who is most fit to care for a child physically. Most courts want to know that the parent awarded custody will provide basic needs, such as the following:

  • Food
  • Water
  • A place to sleep
  • Personal hygiene essentials

3. The Parents’ Communication Skills

Although divorce can bring about various stresses and emotions, it is crucial that divorcing or separating couples maintain healthy communication skills. If a court notices that a parent lacks the proper communication skills with a spouse or ex-spouse, the court may assume that the parent is unfit to have primary custody of a child.

Additionally, a court may consider the following:

  • Whether the parent will attend the child’s extracurricular activities
  • Whether the parent will encourage the child to develop a relationship with the other parent
  • Whether the parent will adhere to a time-sharing schedule, if awarded by the court

Have Questions Regarding Child Custody Laws in Florida?

If you are contemplating divorce and share children with your spouse, we encourage you to reach out to our Polk County family law attorneys at Boswell & Dunlap LLP right away. We can examine your situation and determine which strategies can best safeguard your child’s future. We are dedicated to obtaining the most positive results for your family, and that is why we are here. When you choose to work with our team, you will never have to worry. Instead, we will take a client-based approach and ensure you and your family’s needs are met every step of the way.

Don’t wait a second longer. Get in touch with our Polk County child custody attorneys at Boswell & Dunlap LLP by calling our team or filling out a free consultation form online. We have provided superior legal services since 1900!

Categories: Family Law

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