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What role does “best interests” play in custody hearings?

On Behalf of | Sep 22, 2021 | Child Custody

Deciding how to share parenting responsibilities in the wake of divorce may create challenges. Even though you and your spouse may have struggled to resolve marital conflicts, raising your children is most likely something both of you wish to accomplish.

Going forward, you may benefit from knowing the types of considerations the courts take in determining an ideal custody agreement.

Children’s needs

First and foremost, your children deserve access to a safe and stable home. According to The Florida Senate, outside of physical safety, other considerations of the court may include the mental and emotional health of each of your children. Other needs of your children that impact custody decisions may include the following:

  • Behavioral needs
  • Medical needs
  • Emotional ties with other family members
  • Individual preferences

Parents’ abilities

The courts will also assess the abilities of you and your spouse to provide for the needs of your children. They may take into account individual work schedules and the proximity of both parental residences. Courts will also ascertain that you and your partner have adequate psychological and physical health to manage parenting duties.

Going into child custody negotiations, you will benefit from embracing flexibility. Recognize that the most ideal agreement may not be the most convenient. With time and practice, sharing parenting responsibilities may start to feel easier and more natural. If at any point your former spouse refuses to comply with court-ordered custody arrangements, you can bring your concerns to the proper authorities. As your children grow and situations change, you may need to modify your custody agreement to better accommodate individual circumstances.


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