Best Interest of the Child Standard in Florida
The best interest of the child standard is the controlling principle in all Florida custody and time-sharing determinations under Section 61.13(3), requiring courts to evaluate 20 statutory factors.
Statutory Factors
Florida courts evaluate each parent's ability to facilitate the child's relationship with the other parent, the child's developmental needs, each parent's moral fitness, evidence of domestic violence, the stability of each home environment, the child's school and community ties, and each parent's willingness to comply with the parenting plan. No single factor controls the analysis.
Equal Time-Sharing Presumption
Florida presumes that equal time-sharing serves the child's best interest. This presumption can be overcome only through competent evidence demonstrating that equal time-sharing would harm the child. Courts must make specific factual findings justifying any departure, ensuring that custody decisions are individualized and evidence-based.
Related Terms
- Parenting Plan
- Child Custody
- Dissolution of Marriage
Barnes Walker Family Law
Barnes Walker handles custody and time-sharing matters throughout Southwest Florida. Contact us for family law guidance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC