Custody & Divorce

Florida has a strong public policy about children and divorce.

It is the public policy of this state to assure that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys of childrearing.

If you cannot reach agreement about your children, the judge will consider the factors in Florida Statute 61.13(2) [scroll half way down, look below (2)(a)] when deciding which one of you the children will live with after the divorce.

Note that when you look at the factors there are two factors that relate to fostering a relationship between the child and the other parent. THIS IS THE MOST IMPORTANT FACTOR FOR MOST JUDGES WHEN DECIDING CUSTODY CASES. You should talk about how the two of you will encourage the children to go with the other parent when they don't want to. Check the Interesting Perspectives section below for some articles with ideas.