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Lakeland Family & Divorce Attorney / Blog / Child Custody / How child custody is decided and the factors that impact it

How child custody is decided and the factors that impact it

Although it has become fairly common for children to grow up in two households, this does not make the situation easy for the parents or children involved. Additionally, this does not mean that child custody issues will not be present. In fact, most of the matters require parents to get a child custody order established by the courts.

How is custody decided?

Most parents in a custody matter wonder if their child will be able to live with them primarily. Even if it is a 50-50 situation, parents are also concerned about their rights when it comes to making important decisions regarding how the child is raised.

For the most part, there are two ways to resolve child custody and visitation issues. The first is when both parents reach a mutual agreement regarding custody and visitation. Whether it is achieved through mediation or traditional negotiation, this agreement is then filed with the court. The second is when the matter is litigated, and the court makes a decision regarding child custody and visitation.

Factors impacting custody

When courts are establishing child custody, there are several factors they may consider. These include the stability and continuity of the child’s home life, education and community lives, the availability of extended family, the history of abuse, the child’s physical, emotional, developmental, and the child’s educational and special needs. Florida courts also consider the child’s preference.

Navigating a custody matter can be emotional and complex, especially when you are uncertain what the final order will be like. Because of this, it is important to ensure you are aware of your rights and options when it comes to moving forward with the matter. This not only helps better protect your rights but also ensures the best interests of the child are met as well.

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