Child Custody

Effects of Probate and Collaborative Divorce on Children & The Best Interests of Children

When the court makes a custody decision, it favors the child’s interest’s over the parent’s wishes.  The child’s best interests are based on a set of criteria according to Florida statute 61.13:

• The ability of each parent to facilitate and encourage the parent-child relationship, to honor the time-sharing schedule, and to accept changes responsibly when necessary
• The ability of each parent to act in the child’s needs, as opposed to their own
• Geography of the parenting plan
• Length of time child has lived in a stable environment
• The moral fitness of each parent
• The mental and physical condition of each parent
• Child’s preference if they are old enough
• The ability of each parent to provide a consistent routine for the child
• Evidence that a parent has provided false information to the court
• History of domestic violence sexual violence, child abuse, or child neglect

There is no denying that divorce is stressful for the married couple. It’s more stressful for children. The effects of divorce manifest itself in issues. These include behavioral problems, learning disabilities, and emotional troubles. These include short and long-term. Fortunately, children usually recover rapidly after divorce. A high level of conflict between the parents hinders the recovery process. The court is aware of how traumatic parental separation is on children.  The court believes that children need to maintain a relationship with both parents. In the case of volatile relationships, the courts may grant custody to one parent.