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Florida Child Custody State Law

Florida Statutes, Chapter 61, Section 61-13 (ES. See. 61-13).

ES. See. 61-13(a)(b).

Custody is determined in accordance with the best interests of the child to encourage frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing unless the court finds that shared parental responsibility would be detrimental to the child (such as conviction of certain felonies, domestic violence) in which case it may order sole parental responsibility and make arrangements for visitation as will best protect the child or abused
spouse from further harm. For shared parental responsibility, the court may consider the expressed desires of the parents and may grant to one party the ultimate responsibility over specific aspects of the child’s welfare or may
divide those responsibilities between the parties based on the best interests of the child. Areas of responsibility may include primary residence, education, medical, and dental care, and any other responsibilities that the court finds unique to a particular family. The best interests of the child shall include an evaluation of all factors affecting the welfare and interests of the child, including, but not limited to: (1) the parent who is more likely to allow the child frequent and continuing contact with the nonresidential parent; (2) the love, affection, and other emotional ties existing between the parents and the child; (3) 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 Florida in lieu of medical care, and other material needs; (4) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity; (5) the permanence, asa family unit, of the existing or proposed custodial home; (6) the moral fitness of the parents; (7) the mental and physical health of the parents; (8) the home, school, and community record of the child; (9) the reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference; (10) the willingness and ability of each parent to facilitate and encourage close and continuing parent-child relationship between the child and the other parent; (11) evidence that any party has knowingly provided false information to the court regarding a domestic violence proceeding; (12) evidence of domestic violence or child abuse; and (13) any other fact considered by the court to be relevant.



Fathers Rights Blog
| Child Custody State Law List .. Above info from a 2004 legal publication.
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