“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:
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.