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Understanding Florida’s Best Interests of the Child Standard

dewitt law firm custody lawyer in orlando
dewitt law firm custody lawyer in orlando

When it comes to matters of child custody, visitation, and decision-making, Florida courts follow the principle of the “best interests of the child.” This standard is crucial in determining arrangements that prioritize the child’s well-being and development. Florida law outlines specific factors that guide the courts in assessing what is in the best interests of the child. In this blog post, we will provide an overview of Florida’s best interests of the child standard, shedding light on the factors considered and the importance of this standard in custody and visitation determinations.


Definition of Best Interests of the Child:

The best interests of the child standard is a legal framework that guides courts in making decisions regarding child custody and visitation. It prioritizes the child’s physical, emotional, and mental well-being, ensuring that their needs are met and their rights are protected. The focus is on creating an environment that promotes the child’s growth, safety, and overall development.


Factors Considered:

Florida law specifies several factors that courts consider when determining the best interests of the child. These factors include, but are not limited to:


  1. Parental Capacity and Moral Fitness: The court evaluates each parent’s ability to provide a safe and nurturing environment for the child. Factors such as physical and mental health, emotional stability, and moral fitness are considered.
  2. Emotional and Developmental Needs: The court assesses the emotional bond between the child and each parent, as well as the ability of each parent to meet the child’s developmental needs. This includes providing love, guidance, and support.
  3. Child’s Preference: If the child is deemed mature enough, their preference may be taken into consideration. However, the weight given to the child’s preference depends on their age, maturity, and the circumstances of the case.
  4. History of Domestic Violence or Abuse: Any history of domestic violence or child abuse is critically examined, as the court prioritizes the safety and well-being of the child. The court considers the impact of such incidents on the child’s emotional and physical health.
  5. Continuity and Stability: The court assesses the ability of each parent to provide a stable and consistent home environment for the child. This includes considering the child’s existing routines, school arrangements, and relationships with friends and extended family.
  6. Parental Cooperation and Willingness to Promote a Relationship with the Other Parent: The court examines each parent’s ability to cooperate, communicate, and support a positive relationship between the child and the other parent. A parent’s willingness to facilitate and encourage ongoing contact with the other parent is valued.
  7. Geographic Proximity: The court considers the geographical proximity of each parent’s residence and the potential impact on the child’s access to education, healthcare, and extended family.


Individualized Assessment:

It is important to note that the best interests of the child standard requires an individualized assessment of each case. The court examines the unique circumstances and facts specific to each family. There is no one-size-fits-all approach, and the court aims to tailor custody and visitation arrangements to the needs of the child.


Shared Parental Responsibility:

Florida law encourages shared parental responsibility whenever possible, where both parents are involved in decision-making and parenting responsibilities. However, the best interests of the child standard guides the court in determining the degree of shared parental responsibility based on the specific circumstances of the case.


Importance of Legal Representation:

Navigating child custody and visitation matters can be complex and emotionally challenging. Seeking the guidance of an experienced family law attorney is crucial to ensure your rights are protected and your voice is heard. An attorney can advocate for your interests and present the factors that demonstrate your ability to provide for the best interests of the child.



Florida’s best interests of the child standard serves as the guiding principle in determining child custody and visitation arrangements. By considering factors such as parental capacity, emotional needs, history of abuse, stability, and parental cooperation, the court aims to create an environment that promotes the child’s well-being and development. Understanding this standard and seeking professional legal advice will help you navigate the process and advocate for the best interests of your child during custody and visitation proceedings.