Child Custody: The Child’s Best Interests

Asset distribution during divorce can sometimes boil down to who hired the better lawyer and who can more persuasively argue their case as to why they deserve certain pieces of the marital property. For arguments pertaining to child custody rights, however, the procedure is slightly different. Florida divorce court judges are told to always use their unbiased discretion to determine what would be best for the children, or what is in their best interests.

But what exactly does that mean? Knowing ahead of time could help you prepare to manage this somewhat intricate part of divorcing or separating.

Looking Out for the Little Ones

As much as you may want to say that your love is greater for your children than that of your spouse, such devotion might not be enough to sway the judge. Instead, you will need some strong backing in each of the following categories:

  1. Finances: Do you have steady employment and earn more than your spouse? If so, your odds of gaining full or primary custody are likely to increase.
  2. Criminal history: The cleaner your record, the greater your chances of becoming the primary caretaker of your children.
  3. Health: Chronic illnesses or debilitations can make taking care of yourself difficult, and the judge could decide that it would also make caring for children unreasonably problematic.
  4. Residence: Of course, where you live makes a big impact on where your children should live. If you can live near their school and friends after the divorce is over, this is for the better.
  5. Affection: Love could not be totally absent from this legal procedure. Your child can vouch for their strong attachment to you and suggest that they would like to stay with you.

Even the best laid plans can fall apart, though. You might be confident that you have the ability to provide a more comfortable life for your children, but you also might not know how to put that into words or present it in a clear, concise case. This is where you should allow our Celebration family law attorneys from Celebration Law, PA step in and take over. We are devoted to working closely with our clients, upholding their rights as parents and as divorcing spouses, regardless of how complicated or simple their cases may seem. Call 407.378.4205 today for a free consultation.

Contact Us Today

Widerman Malek Celebration Law Office
506 Celebration Avenue
Celebration, FL 34747.
Phone: (407) 566-0001

Widerman Malek, PL
1990 West New Haven Ave. Suite 201
Melbourne, FL 32904
Phone: (321) 255-2332
Fax: (321) 255-2351
Toll Free: (877) 868-7239

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