Think of the Children: Child Custody

Child custody laws may vary from state to state. In Florida, the judges would determine how the separated or divorced parents are to share responsibility for their children. There is a decision to be made regarding the ‘legal custody’ and the ‘physical custody’; that is, the court would consider different factors that would play into the child’s health and welfare. If the child is old enough, his or her preference will also factor be considered.

Legal custody refers to which parent would be capable of taking care of the educational, medical, religious and other decisions for the child. On the other hand, physical custody refers to which parent the child is better off living with. A lot go into these decisions, such as the parents’ relationship with the child, parenting abilities, living environment, parents’ mental and physical health, moral fitness, and other factors.

If there was domestic violence involved, the judges would have to consider that as well. Any parent who has been convicted or a misdemeanor domestic violence or worse would be presumed an unlikely candidate for getting the child’s custody. There will also be decisions on whether the convicted parent should have permission to have contact with the child at all. The judge must be convinced that the child will not be in danger with that parent.

Child custody is not an easy matter, which is why in these cases it is helpful to have the assistance of an attorney to help out with all the legal proceedings.