When a Florida family law judge makes a custody determination, the judge’s main concern is establishing a parenting plan that is in the best interests of a child. The parenting plan will outline, among other things, parental responsibility (the authority to for a parent to make decisions regarding a child’s welfare) and a time-sharing (visitation) schedule.
A whole host of factors go into an analysis of where a child’s best interests lie. The factors are laid out in section 61.13(3)(a)-(t), Florida Statutes:
(a) The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.
(b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
(c) The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.
