How to Obtain Sole Custody in Florida

A parent holds their small child's hands to help them walk on the beach

Are you looking to obtain sole custody of your child? A judge in family court will usually try to encourage some form of a joint custody arrangement, so obtaining sole custody is difficult. However, many circumstances will require it.

Understanding Sole Custody

Florida courts make custody decisions based on a child’s “best interests.” Therefore, while it may be your preference and parents often do believe they know what is best for their child, the courts are in charge of the decision-making and will review the case objectively. This means that sometimes a parent’s wants do not necessarily align with what is considered in the child’s best interests.

A judge may review the following in your custody case:

  • The child’s age, level of maturity, and preferences
  • The parent’s willingness to accommodate the other’s schedules
  • The parent’s ability to provide financially and emotionally for the child
  • The parent’s mental and physical health
  • The parent’s location and living situation
  • If the parent has a history of domestic violence or drug abuse
  • The parent’s moral fitness
  • The parent’s ability to maintain a similar home life and routine for the child
  • The parent’s eagerness to engage actively in the child’s academic, extracurricular, and other activities

However, each family’s situation will be different. Seeking sole custody may be necessary in cases where one parent had a history of violence, drug addiction, and other matters that make him or her unfit to parent.

Child custody is certainly a contentious issue, and the last thing we would want is for you to become embroiled in a bitter battle between you and your ex. That is why I, Attorney Virga, want to help you bring about a fair resolution to your custody matter.

The Virga Law Firm, P.A. has over 40 years of combined legal experience in many different types of child custody and family law cases. Contact us at any time, 24/7, to discuss the matter in-depth!

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