Thank you for the additional information. A Florida family court will establish child custody
or time-sharing based on the best interests of the child. In determining best interests of the child, a court will consider the following factors:
Each parent's willingness to encourage and support a relationship between the child and the other parent, to honor a time-sharing schedule, and to be reasonable when changes occur
Each parent's ability to respond to the child's needs as opposed his/her own needs
The mental, physical, and emotional health of the parents
The stability of the child's home environment
Any history of domestic violence
, sexual violence, child abuse, child abandonment
, or child neglect
The child's wishes, if the court deems the child to be of a sufficient age, intelligence, understanding and experience (generally age 12 or older)
Each parent's ability to be involved with the child's school and extracurricular activities
With that being said and knowing what a Judge will look at, the party would need to go to the clerk court in the county where the child resides and obtain the necessary forms from the family division clerk. The parent can fill them out and file them, to proceed with the attempt to gain custody, as ordered by the court. The other parent will be served with these forms and given a chance to respond, requiring that they both appear before the Judge, to plea their case for custody.
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