05 Jan How Do Florida Courts Determine a Child’s Primary Residence?
What is A Child’s Primary Residence
As we’ve mentioned in a prior post, the mother of the child does not automatically receive custody of the children in a Florida Divorce. Instead, the courts make the determination using the best interest of the child standard.
Under Florida Statute § 61.13 (2010), for purposes of shared parental responsibility and primary residence, the best interests of the child(ren) shall include an evaluation of all factors affecting the welfare and interests of the child, including, but not limited to:
(a) The parent who is more likely to allow the child frequent and continuing contact with the nonresidential parent.
(b) The love, affection, and other emotional ties existing between the parents and the child.
(c) The capacity and disposition of the parents to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in lieu of medical care, and other material needs.
(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
(e) The permanence, as a family unit, of the existing or proposed custodial home.
(f) The moral fitness of the parents.
(g) The mental and physical health of the parents.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
(j) The willingness and ability of each parent to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.
(k) Evidence that any party has knowingly provided false information to the court regarding a domestic violence proceeding pursuant to s.741.30
(l) Evidence of domestic violence or child abuse.
(m) Any other fact considered by the court to be relevant.
Are you a mother or father involved in a Custody Dispute? A Miami Divorce Attorney will be able to answer your questions. We offer free consultations and will let you know if we can help, or will try to point you to someone who can. Give us a call at 786.309.8588 for more information.