Florida Child Custody Laws

Florida Child Custody Issues & Resources

Florida Child Custody

The Court will award custody based upon "the best interests of the child". In determining best interests, the Court will consider the following:
  • the moral character and prudence of the parents; 

  • the capability and desire of each parent to meet the child's needs;

  • preference of the child, if the child is of sufficient age and capacity; 

  • the love and affection existing between the child and each parent;

  • the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;

  • the desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent;

  • the child's adjustment to his or her home, school, and community; 

  • the mental and physical health of the parents;

  • the material needs of the child; 

  • the stability of the home environment likely to be offered by each parent;

  • any evidence of spouse abuse; and 

  • any other relevant factors. 

Somewhat unique to Florida is the written requirement that a parent, or grandparents, infection with HIV cannot be used as a basis to deny custody or visitation.

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