How does the court decide if a child’s best interests are being met?

When making a decision regarding child custody, the court in Florida will always ultimately decide what is in the best interests of the child. Generally, the court will look at a variety of factors when determining what is in the best interests of the child. These factors include: the emotional and physical health of the child, the relationship of the child with each parent, the capability of each parent to meet the child’s needs, the stability of the home the child will reside in, the wishes of the child if old enough to make an intelligent decision, the child’s adjustment to his or her home, school, and community environment, and any other facts the court finds relevant. The court will also consider if either parent has a criminal record or history of substance abuse. If a parent has a criminal record, the court will consider the facts and circumstances surrounding the crime and determine if the parent is a danger to the child or otherwise not fit to have custody. Similarly, in cases of substance abuse, the court will consider if the parent has taken the necessary steps to address the issue and is now fit to have custody. Ultimately, the court will decide what is in the best interests of the child, regardless of which parent the child lives with. The court will weigh the relevant factors and determine the parent that is better suited to meet the child’s needs and provide a safe and stable environment.

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