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How Does a Florida Judge Decide Who Should Get Custody of a Child?

Sometimes when people hear the words child custody they might automatically believe that this means that mothers or one parent automatically get custody of a child while fathers or the other parent wind up just being visitors. While this may have been true in limited instances many years ago the truth is that this is not accurate or correct. Florida laws have changed over the years and Florida judges realize that such rulings are usually not in the best interest of the child or children. At the end of the day Florida judges are legally obligated to do what is in the best interest of children when it comes to a child custody battle.

Research over the years has shown that both parents play an extremely important role in children’s lives. For that reason, it is now more common for parents to share custody of their children. In fact, the state of Florida amended its laws in 2008, getting rid of the terms “primary custody” and “sole custody” in exchange for the term “parenting plan.”

Under this revised Florida legislation, parents in Florida are expected to work together to come up with a parenting plan that is in their children’s best interests. Of course, this isn’t always an easy thing to do, even when both parents truly do want what’s best for their children.

That’s when parents can turn to an experienced Orlando Family Attorney for help and guidance.

An experienced Orlando Child Custody Attorney can represent a parent’s interests and rights while working toward a settlement through negotiations or mediation, or in court if the parents are not able to reach an agreement that is in the best interest of their children.

When a case does go to court, the judge presiding over the case considers 20 statutory factors in determining a proper parenting plan. An experienced Orlando family law attorney can help gather evidence and testimony that supports his client’s case in light of these factors.

Child custody is one of the most emotional and highly contested matters in Florida family law because the stakes are so high. Additionally, both parents now have to demonstrate to the court why they should be awarded more time with the children or more authority since mothers are not automatically given primary custody.

An Orlando Family Attorney with years of experience can be extremely helpful to parents who are in the fight to remain an important part of their children’s lives.


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