Child Custody Laws in Florida

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    Joint Custody

    • In Florida, courts prefer to grant shared parental responsibility, which is also known as joint legal custody. According to Florida's Statute 1.13(2)(b)1, the state's public policy is to make sure that every minor child receives continuing and frequent contact with both of his or her parents following separation or divorce. The courts encourage parents to share the joys, rights and responsibilities of rearing children. As such, both the father and the mother will receive the same consideration in choosing the child's primary residence regardless of the gender or age of the child or children in question.

    Best Interest

    • Florida's laws regarding child custody always give preference to what is in the best interest for the child or children in question. Many considerations are made to this end, including where the child will receive the most stable and satisfactory environment, the preference of the child, the ability of the parent to provide medical care, food, clothing, shelter and other needs, the physical and mental health of both parents, the moral fitness for both parents and a number of other relevant facts and records. This decision is not made on which parent deserves the child more, or wants the child more, but rather what will best benefit the child, according to Florida's statute 61.13(3).

    Parenting Instruction

    • Every couple with children that obtains a divorce in the state of Florida is required by state law to go through a parenting course. This is a state government mandated parenting instruction course that exists as part of the child custody portion of the divorce. According to Florida's statute 61.21, the information provided in such a course is designed to make sure that families are provided with the information that they need regarding the court determination process so that they can make the right decisions regarding the best interests of their children.

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