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How Does A Court View Best Interests For Minors?


If you and your soon-to-be-ex spouse are disagreeing about child custody, you may be wondering if the dispute should go before a Florida court. And if it does, what exactly does the court consider when determining what is in a child’s best interests?

A family court’s primary concern is always the best interests of the minor child. There are specific factors that are assessed. To learn what would likely be the result of your divorce going before a judge, and to discuss if a negotiation process could lead to your desired outcomes, speak to a skilled Port St. Lucie family law attorney.

Stability, Consistency, Safety, and Well-Being

A couple of the important factors in determining the best interests of the child are consistency and stability. Some of the factors that will be considered include each parent’s employment status, financial stability, and the presence of a supportive network of family and friends. Additionally, the child’s relationship with their parents, such as the level of bonding that has been established.

If the child has siblings, the court will also consider the impact of a custody decision on their relationships. The court will look at the relationships between the siblings and each parent. Stability often involves keeping siblings together, provided the relationships are healthy.

And of course, the top priority is the child’s safety and wellbeing. Any evidence of a history of abuse, neglect, or violence will be taken into account. Additionally, the emotional, physical, and mental health of each parent will be reviewed.

Parental Cooperation and Pursuing Legal Support

The court will consider the level of cooperation between the parents when assessing what type of custody arrangement would be beneficial for the kids. This will include the parent’s ability to communicate and make joint decisions about the child’s care. Ongoing conflicts between parents are difficult for children, and drafting an agreement that lessens stress is advantageous.

Naturally many divorcing couples are not communicating effectively, but hiring a Port St. Lucie family law attorney can lead to favorable outcomes. Because your attorney has a full understanding of the laws and regulations that govern child custody in Florida, they can provide you with guidance and help you navigate the complex legal process.

While an experienced attorney can represent you in court, if required, they can also introduce you to other resolution methods such as mediation. Then, you will have more control over a final determination than you would have if a dispute goes before a Florida court. Seeking the help of an experienced family law attorney will help ensure that your rights and the well-being of your child are protected during this difficult and emotional process.

Have you received push back from your spouse when you introduced your preferred child custody arrangement? Discover a path forward when you talk to the legal team at Baginski, Brandt & Brandt. There is a way to establish an agreement, even when it feels impossible. A skilled attorney can help. Contact us today to book your fee-free, confidential consultation.

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Port St. Lucie 8483 S. U.S. Highway One
Port St. Lucie, Florida 34952
Stuart By Appointment Only 100 SW Albany Ave., Suite 300k
Stuart, FL 34994
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Fort Pierce, FL 34950
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