We often hear about the courts focusing on the “best interests of the child” when making decisions in a divorce. It makes sense. The child is the most vulnerable and in an impressionable age. Living in a toxic or unhealthy environment could affect how a child behaves or their character when they grow older. But what specifically do the courts look at in making that determination?
One of the most important aspects is the relationship that the child has with each parent. Decades ago, there were “standard” family roles that were followed in the United States. In most cases, the father would be out working and the mother, with her maternal instincts, would sacrifice her career and take care of the children and care for the home. General roles have changed quite a bit since those times and, now more than ever, both parents are out working or the father has become a stay at home dad.
The courts recognize these changes as well, and will look at every family individually to determine how each parent interacts and cares for the child. They may even ask the child for their own opinion. They will also look to see which parent is considered the caregiver of the child. This means the one who is more likely to feed the child, care for their grooming, studying, homework and leisure activities and fun time as well.The courts treat any history of violence or abuse very seriously, and will take that into consideration as well. If you are involved in a child custody battle, it is important to enter the courts with a strong team at your side to fight for your rights and assure that your wishes are properly addressed to try to obtain a favorable outcome.
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John Schutz
Partner at John F. Schutz, P.L.
Representing clients exclusively in family law cases for the past 24 years, Mr. Schutz is widely regarded as a marital and family law expert. He is Board Certified in marital and family law by The Florida Bar. As a Fellow of the American Academy of Matrimonial Lawyers (AAML), Mr. Schutz is committed to elevating the standards and improving the practice of family law.
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