Florida’s Best Interest Factors

The factors listed in Florida Statute 61.13 that a judge considers when determining the best interest of a child in a paternity case or a divorce with children are as follows:

1. The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, honor the time-sharing schedule, and be reasonable when changes are required.
2. The anticipated division of parental responsibilities after the litigation, including the extent to which 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 spent traveling to effectuate the plan.
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.
11. The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline and daily schedules.
12. The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the child, and the willingness of each parent to adopt a unified front on all major issues.
13. Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect.
14. Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action related to 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 and during the litigation.
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 free from substance abuse.
18. The capacity and disposition of each parent to protect the child from ongoing litigation and refrain from disparaging comments about the other parent.
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.

These factors are considered by the judge in combination with other evidence and circumstances to make a decision that serves the best interest of the child. The judge has discretion in weighing these factors and may give more weight to certain factors depending on the specific circumstances of the case.

To increase your chances of obtaining a meaningful share in your child’s life following a divorce, it is crucial to familiarize yourself with the Florida Statute 61.13, which outlines the best interest factors. Additionally, strive to be the best parent possible, prioritizing your child’s well-being throughout the process.