Divorce is hard on everyone, especially if there are children involved. When two divorcing parents cannot agree who should have custody of the children, the courts will decide what is in the best interest of the children. In many cases both parents will share the responsibilities; however, there are special cases where assigning one parent sole custody will be best for the children’s welfare.

The courts do not make these decisions lightly. Many aspects of the parents’ abilities are taken into consideration, including:

• Emotional ties with the children
• Abilities to provide essential needs, such as food, shelter, clothing, medical care
• Likelihood of allowing the nonresidential parent to have contact with the children
• Stability of the home
• Ethical character
• Physical and mental health
• Propensity for child abuse or domestic violence

The children’s comfort level is also worked into the equation, including allowing mentally mature children to state which parent with whom they would like to live. The courts will also look at the children’s school records and community involvement to ensure the correct decision is made.

The wording of Florida’s child custody law is currently being revised to ensure that both the mother and father have an equal role in their children’s lives. Wording such as “custodial” and “non-custodial” and “primary residential parent” and “secondary residential parent” will be eliminated, and the word “parent” used instead so each parent’s role is not diminished.

If you and your spouse are considering divorce and children are involved, please contact our family law attorneys at Lusk, Drasites, Tolisano & Smith, P.A. We will help you through this difficult decision and help you decide what is in the best interest of your children.