A Basic Understanding of The Legal Standard: “Best Interest of the Child.”

Defining “Best Interest of the Child”

The "best interest of the child" is a legal standard used to determine what course of action, arrangement, or decision serves the overall well-being and welfare of a child involved in a family law matter. It is applied when making decisions related to child custody, visitation, relocation, child support, and other matters that impact the child's life.

Key Factors Considered in Florida

Florida Family law statute chapter61, section 61.13 provides information (and the roadmap) regarding the factors a Florida court will typically consider when determining the best interest of the child. Specifically, Florida family courts consider several factors when assessing the best interest of the child. These factors can vary depending on the specific circumstances of each case.

Determination of the best interests of the child made by the court, pursuant to Chapter 61, Section 61.13 is made by evaluating all of the factors affecting the welfare and interests of the minor child (or children) and the circumstances of the family, including, but not limited to:

1. 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.
2. The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
3. 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.
4. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
5. The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.
6. The moral fitness of the parents.
7. The mental and physical health of the parents.
8. The home, school, and community record of the child.
9. The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
10. The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, and favorite things.
11. The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.
12. The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.
13. Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect or evidence that a parent has or has had reasonable cause to believe that he or she or his or her minor child or children are in imminent danger of becoming victims of an act of domestic violence, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.
14. Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.
15. The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.
16. The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.
17. The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.
18. The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.
19. The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs.‍
20. Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.

The Role of the "Best Interest" Legal Standard

The "best interest of the child" legal standard is not only used to determine child custody and visitation arrangements but also to modify existing orders when circumstances change. It provides a flexible framework that prioritizes the child’s well-being above all else.

Conclusion

The "best interest of the child" is a legal standard in Florida family law that guides judges and courts in making decisions that profoundly affect the lives of children and their parents. It reflects a commitment to ensuring that children’s needs, safety, and happiness are at the forefront of family law proceedings.

Discuss Your Case with A South Florida Divorce Lawyer Experienced in Minor Child Time-Sharing Matters.

The Joseph Firm, P.A., has extensive experience helping clients in various alimony matters in South Florida, including Miami-Dade and Broward County. Attorney Marck K. Joseph, Esq. is a Board Certified Marital and Family Law expert, and is uniquely qualified in helping in most types of family cases. If you are involved in a family law matter in Florida, understanding this guiding principle and consulting with an experienced family law attorney can help you navigate the legal process while advocating for the best interests of your child. Our law firm fully understands the challenges of navigating marital and family law issues and we're always ready to provide the highest-quality legal representation. Whether your case settles outside the courtroom or goes to trial (or final hearing),our attorneys go the extra mile for every client.

Our firm offers free case evaluations to determine whether the firm can assist you with your case, and if so, a case consultation meeting will be scheduled. The experienced divorce lawyers at Joseph Firm, P.A. are ready to hear your story. We provide smart, aggressive family law representation to clients. To learn more, call(305) 501-0992 or contact us online.