A few parents in the state of Florida think that the family courts have a biased perspective towards granting the custody of the child to the mother. On the other hand, the trends in the state indicate that the parents are focused on the principle of equal parenting wherein each parent must have equal time to share with their children. Due to the involvement of multiple factors in this issue, you must consult a reputed divorce attorney in Fort Pierce Florida to get proper advice regarding the issue of child custody.
Both the family lawyer and the judge in charge of the custody issues must keep their focus on the best interests of the child when it comes to parents sharing equal time with their children after the finalization of the divorce. The schedule or the plan of parenting cannot be altered without substantial proof or a major change in the circumstances. Quite naturally, the family lawyer must devote adequate time to discuss the issues with the parents and help them to evaluate all those factors that are going to impact the welfare of the child. You can know more about joint custody or KRS 403.270 so that the best interest of the child shall be determined.
There are several factors that can determine the decision of parenting and the family law judge is going to consider the following before granting the custody rights to one of the parents.
Encouraging good relationship
In the state of Florida, the willingness of each parent to encourage a good relationship with the other parent, showing respect to equal distribution of time, and having a reasonable attitude when changes are to be made are some of the major factors.
Working schedule of the parents
When one of the parents works beyond the normal hours, and the childcare is handed over to a third party such as a baby sitter or a daycare, the circumstances can change if the other parent is without work and has a lot of free time to take proper care of the child during that time, the time sharing for the other parent would be more. Quite naturally, the court supports the child spending more time with the parent instead of the caregivers in the daycare or a baby sitter.
Performance of the child
If one parent shares most of the time with the child and the child performs sufficiently well in that situation such as obtaining good grades in the school or no other hindrance in the school, the court is not going to change the schedule of parenting. Even if the child stays happy in the company of a step-sibling, and is emotionally healthy and also doing well in the school, the court is not going to let the child go away to another place.
Commutation time
The time it takes for the child to reach the other parent when both live far apart is a major consideration. For instance, if it takes about two hours or more for the child to reach the house of the other parent on a school night, the court might be averse to the decision. According to the court, traveling too far can impact the child’s participation the extracurricular activities as they would spend more time to travel. In addition to this, it may also mean the child may need to wake up early to commute to the other parent’s house.
Moral fitness
If one parent provides permission to the child to access porn materials, the court will take it as a negative aspect and doubt the moral fitness of the parent.
The physical and mental health of the parents
If one of the parents suffers from a terminal disease or ailment of if they are older and suffers from diseases, and the child is young, it might raise an issues whether the parent is fit enough to take proper care of the child when compared with the other parent, especially if the ailing parent needs is left to care for themselves.
Home, community, and school
If one of the parents have access to the best school and the other parent has access to the second-grade schools, the court would consider the former parent eligible to decide what is in the best interest of the child.
Potential of the child
The child can also tell the judge about the factors in which they want to live when all the other factors are adequately met. In fact, the court must allow the child to explain their preferences although it depends on the case to a great extent. Usually, the older the child, the better is the opportunity to express the preferences. A Fort Pierce divorce attorney can help the child to communicate within the court premises.
Routine and consistency
The family courts in Florida check the capacity of one parent to inform the activities of the minor child to the other parent to follow a disciplined schedule when the issues of the child are considered. The judgment goes in favor of routine life.
The final issues
Finally, the court oversees the instances of sexual and domestic violence, child abandonment and abuse, or neglect before deciding the custody. If the court notices the presence of such issues whether prior or pending, the factors are considered and related to the welfare of the child before the decision. A divorce attorney Fort Pierce can explain all those issues a family court judge can raise.
