Changes for the better regarding in the “best interest” of the child
The new Florida child custody law to be passed recently involves changing the wording used to describe the hearing as well as the “best interest” of the child clause. In Florida, the courts determine the parental responsibilities in two different ways; there is share parental and sole parental responsibility. Shared gives both parents shared responsibility while sole is awarded to one parent that makes all decisions regarding the child or children.
A change called time-sharing
When the parents are not able to agree on major decisions then the judge will intervene and make the best decision for the child, not the parents. With the new law passed, the terms “custody and custodial” have been removed. The law also makes it apparent that the judge is considering that both parents want to be involved in the child’s life and no evidence is placed before the judge in this instance. The new change is called time-sharing. Agreements are enforced and extremely detailed.
Click Here For A Boca Raton personal injury attorney
What “best interest” involves
The mental state of the child is most important. That is not always taken into consideration when there is a parental responsibility battle. This is why the recent law change has gone into effect.
In the state of Florida, the courts do not want the negative mind frame to affect positive judgments. In many states, any negative evidence automatically shifts to a sole responsibility decision. A few of the “best interest of the child” considerations are:
- The physical and mental health of the each parent
- The wishes of the child if they are of age to make a decision
- A stable home environment
- How parents of special needs child provide for the child
- Age and sex of the child
- Emotional or physical abuse directed to the child
- Any evidence of drug and alcohol abuse or patterns of domestic violence
When it comes to making the right decision for your child or children during a separation, it is always best to look at your best options and speak to an attorney. Especially if it is for a divorce attorney in Boca Raton or other South Florida area. If you are unsure of how the new law may affect your hearing, contact K/S Law to learn more or to schedule a free case review.