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Note that answers given in this section cannot take the place of independent, legal or financial divorce advice. Please read our disclaimer.

 

"While the court is determining which parent a child will reside with (or child custody), does the sex of the party, the sex of the child, or the age of the child factor into the decision?"

Under Florida divorce law, the court is mandated to order that parental responsibility for a minor child be shared by both parties unless the court finds that shared parental responsibility would be a detriment to the child. It is the public policy in the state of Florida to ensure that a minor child has frequent and continuing contact with both parents after the parents separate or the marriage is dissolved and to encourage both parents to share in the rights and responsibilities and joys of child-rearing. After considering all relevant factors, the father of a child is to be given the same consideration as the mother in determining the primary residence of the child, irrespective of the age or sex of the child.

For purposes of shared parental responsibility and primary interest, 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 following:

• The parent who is more likely to allow the child frequent and continuing contact with the non-residential parent;

• The love, affection, and other emotional ties existing between the parents and the child;

• The capacity and disposition of the parent to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of the state of Florida 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 permanency, as a family unit, of the existing or proposed custodial home;

• The moral fitness of the parent;

• The mental and physical health of the parent;

• 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 pursuant to Florida Statute 741.30;

• Evidence of domestic violence or child abuse;

• Any other fact considered by the court to be relevant.

Alan Jay Braverman is a divorce lawyer who has been a member of the Florida Bar since 1973. He is Florida Board Certified in the area of Marital and Family Law. You can reach this divorce attorney at the Law Offices of Braverman & Hymowitz in Fort Lauderdale at (954) 524-0505, ext. 201. View his Divorce Magazine profile online.