Florida Child Custody Factors

Fla. Stat. § 61.13(3)(a)

Florida courts evaluate each parent's willingness and ability to support and encourage a close relationship between the child and the other parent. A parent who obstructs or undermines that relationship is viewed very unfavorably. Courts look for evidence of cooperation, flexibility, and positive communication between parents.

§ 61.13(3)(b)

Florida focuses on how parental responsibilities — both decision-making and daily care — will be divided in a parenting plan. Courts assess whether each parent can realistically carry out their responsibilities. A detailed, thoughtful parenting plan demonstrates that you've considered the child's daily needs.

§ 61.13(3)(c)

Courts look at each parent's ability to correctly identify and respond to the child's physical, emotional, educational, and developmental needs. This includes recognizing when the child needs medical attention, emotional support, or academic help. Parents who are actively engaged with teachers, doctors, and counselors demonstrate this capacity.

§ 61.13(3)(d)

Maintaining stability and continuity in the child's living situation is a priority in Florida. Courts are cautious about uprooting a child from a stable home, school, or community. If you have provided the most consistent and stable environment, document that history thoroughly.

§ 61.13(3)(e)

The feasibility of the proposed parenting plan given each parent's location is a key consideration. Courts assess whether the distance between homes makes the proposed schedule practical for school attendance, activities, and the child's wellbeing. A realistic plan that accounts for travel time and logistics will be viewed favorably.

§ 61.13(3)(f)

Florida courts consider the moral fitness of each parent and its relevance to the child's wellbeing. This doesn't mean perfect behavior — courts consider conduct that could directly impact the child's development or safety. Behavior that is harmful to the child or sets a poor example may be raised here.

§ 61.13(3)(g)

Each parent's mental and physical health is considered to the extent it affects their ability to parent. Courts look at whether health conditions — including untreated mental illness or physical limitations — impact a parent's capacity to provide consistent care. Treatment compliance and health management are positive factors.

§ 61.13(3)(h)

The child's performance, attendance, and connections in school and community activities provide important context for custody decisions. Courts want to maintain arrangements that support the child's academic and social development. Evidence of extracurricular involvement and educational progress helps illustrate each custody option's impact.