What’s the Most Important Factor in Orlando Child Custody Cases?

When approaching child custody cases in Orlando, family court judges consider numerous factors. But which of these factors is most important? Will the judge prioritize the child’s education, or will they consider the mental health of both parents? Perhaps the judge will place greater emphasis on the financial stability of both parents, or maybe they’ll consider past instances of abuse or violence. To learn more about best-interest factors, consider speaking with an Orlando child time-sharing lawyer.
Each Case Is Different
As you approach a custody battle in Orlando, it is important to know that the family court will decide each dispute on a case-by-case basis. While there are numerous universal rules to consider, each family is unique. Family court judges consider the specific circumstances of each case before deciding which factor(s) should determine the outcome.
Judges Take Past Cases of Abuse, Violence, and Neglect Very Seriously
With that said, family courts tend to place a considerable emphasis on past instances of abuse, neglect, and violence. If the court determines that a parent has abused or neglected a child, they will be extremely unlikely to gain custody of that child. Even if the child was not the direct victim of this abuse, the abuser will likely struggle to gain custody. For example, the parent might have been violent toward their partner. Even violence toward the family pet can affect child custody outcomes.
With that said, it is important to remember that these allegations must be legitimate in order to affect custody outcomes. An accusation does not necessarily mean that the incident actually occurred. A parent who wishes to level these accusations in court must establish a “preponderance of evidence.” This evidence should show that the violence, abuse, or neglect “probably” happened (a likelihood of more than 50%).
Educational Needs Are Also Important
Family court judges also tend to place an emphasis on the educational progress of the child in question. If there is reason to believe that this progress would be stunted by one parent, that parent is unlikely to gain custody. In contrast, a parent who shows a history of encouraging and fostering this educational growth may be more likely to gain custody.
Don’t Forget Parental Alienation
Another notable factor to consider is “parental alienation,” a type of misconduct that occurs when one parent discourages the relationship between the child and the other parent. Those who encourage the continued strength of these relationships may be more likely to enjoy stronger custody rights – and this may seem counterintuitive to many parents.
An Orlando Child Time-Sharing Lawyer Can Help You Consider the Most Important Factors
Although some factors may seem inherently more important than others, the truth is that each child custody case in Orlando is completely unique. It is therefore difficult to determine how a judge will react to your case through online research alone. To get a better sense of the custody dispute ahead, consider discussing your unique family circumstances with an experienced lawyer. Choose Steve Marsee, P.A. – and get started with an action plan today.
Sources:
myflfamilies.com/services/child-family/child-and-family-well-being/parent-education-and-family-stabilization
flcourts.gov/Resources-Services/Office-of-Family-Courts/Family-Court-in-Florida
