Florida Child Custody Factors
For purposes of shared parental responsibility and primary residence, 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:
- The parent who is more likely to allow the child frequent and continuing contact with the nonresidential parent.
- The love, affection, and other emotional ties existing between the parents and the child.
- 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.
- The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
- The permanence, as a family unity, of the existing or proposed custodial home.
- The moral fitness of the parents.
- The mental and physical health of the parents.
- The home, school, and community record of the child.
- The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
- 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.
- Evidence that any party has knowingly provided false information to the court regarding a domestic violence proceeding.
- Evidence of domestic violence or child abuse.
- Any other fact considered by the court to be relevant.
Florida Statutes Sec. 61-13(3)
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Comments
Comment from J.Fitz
Time: August 11, 2007, 6:01 pm
My eight year old son was born in the state of Florida and his mother and i both signed the birth certificate at the age of sixteen and unwed. Some years later we separated and i began paying child support to her, shortly after i had a back injury preventing me from working to pay and quickly racked up arrears on the case. His mother has never been able to control him based on the mere fact that he is not regularly disciplined in her home. In June of 2006 she was unable to care for his needs and demanded that he move in with me or go up for adoption, of course i then immediately took him into my custody and paid all of my arrears and current support up to date. I understand its not paper work regarding custody so it cant be applied as such but the reason to cease child support through the clerk of court was that he was now residing with me. His mother then moved to south Florida and has lived there since… he has gone to visit her twice… once where there weren’t any problems, and the second time i was on vacation in south Florida for a week so i had him stay with his mother 200 miles further south, after about four days of having him she called me demanding that i come get him once again, so i left vacation and went to pick him up, which i did and left it at that. Now this week his mother has been in town to visit and wanting my son to have a relationship with his mother i let him go stay with her while in town, until today she said he’s living with her now. So i called the Sheriff’s department to see what could be done, but there is no court order regarding custody, but there is numerous things proving he resides with me, including his school paper work, the documents signed last summer when he came to live with (order to cease Child Support papers signed by both of us and the notary with the reason being he now lives with me) on top of that due to the fact that she has not supported him financially at all since he has come to live with me even when requested (i even paid for his food while he visited her.) so i filed for child support a week and a half ago, im not sure how beneficial any of these things are but are all i have at this point in terms of legality anyways. So because there is no court order the sheriff is not allowed to physically remove him from her right now. Ive been advised to go to the court house Monday morning and file for a custody hearing which im doing but im afraid that his mother is going to pull him out of school which starts in eight days here and bring him to south Florida, i know there is laws prohibiting this for out of state but wasn’t sure about out of county, etc.? As far as his well being here he is well behaved for the most part and has a scheduled routine, he is in extra circular activities including Boy Scouts and Little League, he is a A-B Honor roll student and has over all lives a much more secure life with myself. My main question is what rights do i have to keep her from fleeing to south Florida with him, pulling him from school, etc. My main complaint is basically abandonment, she demanded he move in with me and has neglected to pay for him financially or even stay in touch on a regular basis and now abruptly wants to just demand he’s living with her again. Not to mention the fact thats shes not able to handle him when he becomes a problem and when stressed dumps him thus causing emotional abuse and confusion to my son. The strikes that i have against myself is that when fifteen his mother and i got into a fight, (she literally was beating me, after taking about ten punches to the back of the head i defended myself by pushing her off of me) and subsequently was the one arrested, i know domestic violence charges sway who gets custody, and she later tried to drop charges but in the State of Florida the state picks them up, The thing is i was a minor at the time, so im not sure if that matters. I’m also a felon on probation, not for anything regarding violence or drugs or anything and i know that also can sway cases big time and over all was just wondering what advice anyone would have to give as i don’t have a lawyer nor can i afford one right now and looking for some advice on the subject.
Comment from papa
Time: August 11, 2007, 6:24 pm
Hi J.
First, thanks a lot for taking the time to type out your story.
Some of that just strikes me as so typical, and, hang in there man!
I’m going to make a post on the front page of this site to direct visitors to the comment you posted.
Perhaps someone will have some good advice.
Personally, I’m not sure what to tell you.
Hang in there brother.
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Time: August 11, 2007, 6:27 pm
[...] J. Fitz has posted a long and complicated sort of comment. He doesn’t have money for an attorney, and, we really need your [...]
Comment from CATHY
Time: May 3, 2008, 10:06 pm
MY DAUGHTER MAY FIND HERSELF IN THE NEAR FUTURE DIVORCED. HER HUSBAND HAS A PREVIOUS RECORD (DRUG DEALING, WEAPON, PRISON). HE IS THREATENING HER THAT HE WILL TAKE THEIR SON AWAY FROM HER. SHE IS THE PERFECT MOTHER. HE ON THE OTHER HAND NEVER SPENDS TIME WITH HIM. HE SPENDS MORE TIME WITH HIS COMPUTER AND PLAYING VIDEO GAMES. CAN SHE GET FULL CUSTODY OF HER CHILD. HE IS STILL ON PAROLE, AND HE TALKS ABOUT SMOKING POT AGAIN ONCE HE IS OFF PAROLE. HE ALSO SAYS THAT HIS MOTHER AND FATHER WILL TAKE HER SON IF SOMETHING SHOULD HAPPEN TO HER. I AM HER MOTHER AND I HELPED BRING HIM INTO THE WORLD. HE HAS BEEN LIVING WITH ME AND MY DAUGHTER AND SON-IN-LAW SINCE HE IS BORN. HE DOESN’T EVEN KNOW MY SON-IN-LAWS PARENTS. MY SON-IN-LAW LEFT HOME WHEN HE WAS 17 BECAUSE HIS FATHER USED TO BEAT HIM. I KNOW THAT HE HAS PROBLEMS BUT I DON’T WANT MY GRANDSON’S LIFE TO BE IN MY SON-IN-LAWS HANDS OR HIS PARENTS. WHAT IS YOUR ADVICE?
Comment from Jeffrey Guillaume
Time: June 11, 2008, 5:07 pm
I have been put on child-support and I am facing another child-support case. Neither parent allows me to have any visitation and my children practically dont know. What can I do to chane these circumstances?
Comment from papa
Time: June 11, 2008, 7:09 pm
Jeff, why is it that neither parent is not allowing you to see the child? Are you irresponsible? Do you have a drug or alcohol problem? Or, is there no reasonable basis?
If the moms won’t cooperate, ask them to go with you to a mediator. If they refuse, take them to court.
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