Florida fathers often assume that a custody court will favor a mother in a child custody dispute. This may cause them to avoid fighting for more custody time, sometimes called parenting time, or avoid filing for custody altogether.
Although in the past courts were sometimes known to lean toward mothers when making custody decisions, this is generally an outdated notion.
The tender years doctrine
This was usually due to the tender years doctrine, which resulted in mothers receiving custody of young children because it was believed that children in their “tender years” should stay with their primary caregiver, which was traditionally the mother.
The tender years doctrine is no longer used in Florida. Today, most states, including Florida, use a best interest of the child standard when deciding custody.
It is typically presumed that the ability to develop a meaningful relationship with each parent is in a child’s best interest. This can often only be accomplished through sharing custody or maximizing each parent’s time with a child.
Florida law specifically states that frequent and continuing contact with each parent after a separation or divorce is best for children. Over the years, courts have recognized that children do better by spending roughly the same amount of time with both parents rather than most of their time with one parent and little time with another.
Florida custody factors
Both mothers and fathers start out with the same rights in custody court. The court considers several factors when awarding custody. Gender is not one of these factors.
Some of the factors a court considers include:
- Each parent’s level of parental responsibility
- Each parent’s ability and willingness to act in the child’s best interests
- Each parent’s ability to encourage a relationship with the other parent
- Each parent’s mental and physical health
- The child’s home, school and community records
The child’s preference is another factor. However, custody decisions are not made solely based on what a child wants, especially a younger child whose age prevents them from making a reasonable decision or properly articulating their preference.
The shared custody presumption
When considering these factors, a court starts with the assumption that shared, or equal, custody is in a child’s best interest. One parent, either a mother or a father, could be awarded primary custody if an examination of the factors shows that equal custody would not be best for a child in that situation.
For example, some other factors considered include a history of drug or alcohol abuse or a history of domestic abuse, particularly abuse involving the child or other parent. The presence of these factors could cause a court to deviate from the shared custody presumption.
However, a parent requesting that a court deviate from shared custody must be prepared to back up their request with evidence. If a parent wishes to argue that they should receive more parenting time, they must present evidence, such as a failed drug test or a court record of domestic violence.
Overall, as a father in Florida, you have the same rights as a mother when it comes to custody. It is important to understand these rights and how to assert them when you are negotiating or arguing for custody.
