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Important Facts about Divorce and Guardianship Law In Florida

You’re getting divorced. You are probably wondering if you will be granted custody of your child. Here’s what you need to know about guardianship laws in Florida:

Negotiations aren’t working

You and your ex-spouse simply cannot agree on issues surrounding custody. The only option left is court, which means that a custody hearing will determine who will be granted guardianship, or if joint custody is in the child’s best interest. It’s important to note that there are several factors the judge will consider when deciding which parent will allow the child to thrive.

What does your child need?

The judge’s role is to asses which parent best meets the overall needs of your child. Beyond the basic necessities, a child’s well-being depends on his or her environment supporting a robust physical, psychological, and educational development. In other words, the parent which has reliably demonstrated that they are able to provide a nurturing and generally healthy environment can reasonably expect a favorable ruling. Even encouraging the child to spend time with the other parent shows a considerable amount of maturity and will positively influence the court’s decision.

Your history

The courts will also look at whether or not you or your ex-spouse have a history of drug or alcohol abuse, or if there are criminal offenses that indicate behavioral traits that are unsuitable for a healthy domestic atmosphere.

Other factors

If your child is of an appropriate age, his or her preferences for one parent can affect the ruling. Siblings being present will be factored into the decision making process as well.


Please, contact us. We know the intricacies of child custody laws in Florida and are very aggressive when it comes to the rights of you and your child.