04 Jan In a Divorce Who Gets the Children? Is there a Gender Preference under Florida Law?
In a Divorce Who Gets the Children?
Does the mother of the children usually receive custody of the children? This is a common question that is asked by parents in Florida Child Custody Cases. The answer is – not necessarily. Under Florida Statute §61.13 (2014), the court shall make child custody decisions in accordance with the best interest of the child standard, and in accordance with the Uniform Child Custody Jurisdiction Act. In fact, the statute states Florida’s public policy interest in encouraging both parents to share in “the rights, responsibilities and joys, of childrearing”. The statute goes further to explicitly state that the father of the child will be given the consideration as the mother in determining where the primary residence of the child will be.
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