For most of the 20th century, mothers would almost always receive custody of their children after a divorce because it was widely assumed that women were better suited to be caregivers. However, most people today recognize that men are just as capable of being quality parents to their children. Therefore, a Florida judge may be more likely to award a father custody of his son or daughter.
What is in the child’s best interest?
When crafting a custody ruling, a judge will seek to do what he or she believes is in the child’s best interest. Factors such as a parent’s age, income and mental state will likely be considered when determining who gets custody of a minor. A judge may also need to investigate allegations of abuse or the fact that a parent has a history of substance abuse issues. However, gender is generally not taken into consideration when deciding how to allocate parenting time.
Do you live in proximity to your child?
Parents who live in close proximity to their children may be more likely to obtain shared custody of them. This is because it is easier to take an active role in a son or daughter’s life when you live in the same town or county. Parents who live more than 100 miles from their kids may need to settle for visitation rights even if they are otherwise capable of serving as a primary caregiver.
Custody rulings can be modified
It’s important to note that a custody ruling can be modified in the future if circumstances change. For instance, if you are able to find a job closer to home, it may be possible to obtain greater rights to your children. A family law attorney may assist in the process of modifying an existing child custody order.
As a general rule, your ability to provide for your children is the most important factor as it relates to obtaining custody of your kids. An attorney may be able to help you obtain a favorable ruling in a family law court.