With respect to child Custody, the courts in Florida are simply trying to decide between the two parents, which is the best home environment for the children. What comes into play here , and undoubtedly is not an easy decision, is how fit each parent is. The courts also look at how they can best derive some semblance of order and routine in the lives of the children who are already  going through the chaos of divorce.

There are two types of custody: physical custody and legal custody. The first refers to where the children will live, and the latter to who makes the major decisions with regard to the children.

If both parents are seeking physical custody, it may not come down to a 50/50 split of time. For example, one parent may live in the school district the children have been attending and the other may not. The courts, of course, will not want to interrupt the children’s schooling.  In this case, it would make more sense for the children to stay with the parent who resides in their school district during the week, and visit the other parent on weekends.

Legal custody encompasses the major decisions surrounding the children: decisions like private or public school, religious education or holidays. In the section on divorce, we touched on the difficulty these decisions could entail if both parents cannot come to an agreement on issues. The courts take all of this into consideration when assigning legal custody.

All of this can and should be discussed with your Florida Divorce Lawyer. He/She should be able to help you assess if physical or legal custody is likely in your situation.