When parents in Florida go through a custody case, the central question the court must answer is: What is in the best interests of the child? Understanding how to win custody in Florida starts with knowing how courts apply this standard. It’s the foundation of every parenting plan and time-sharing order issued by the court.
What Does “Best Interests” Mean When Trying to Win Custody?
Under Florida Statute §61.13, courts are required to make custody decisions based on a comprehensive evaluation of the child’s physical, emotional, and developmental needs. The goal is not to favor one parent over the other, but to create a plan that supports the child’s overall well-being.
Factors That Can Help You Win Custody in Florida
Florida law lists several specific factors that judges must consider when determining time-sharing and parental responsibility. These include:
- The demonstrated capacity of each parent to encourage a close and continuing relationship with the child
- The ability of each parent to put the child’s needs ahead of their own
- The child’s school, home, and community record
- Each parent’s mental and physical health
- Evidence of domestic violence or substance abuse
- The moral fitness of the parents
- The child’s preference (if the court deems the child mature enough)
You can review the statute directly at the Florida Legislature’s website.
There is no automatic preference for mothers or fathers. Florida law explicitly requires that both parents be treated equally.
Myths That Can Hurt Your Case (and Your Chances to Win Custody)
Many parents go into court believing myths like:
- “Mothers always get custody”
- “If I make more money, I’ll win custody”
- “The parent who files first has the advantage”
These beliefs are outdated and untrue. Judges are guided strictly by the child’s best interests — not the parents’ gender, income level, or filing date. If you’re wondering how to win custody in Florida, it’s essential to focus on what the law actually prioritizes.
How to Strengthen Your Custody Case
If you’re involved in a custody dispute, here are a few ways to support your position:
- Stay involved in your child’s daily life (school, doctors, extracurriculars)
- Be respectful in co-parenting communications
- Avoid badmouthing the other parent to your child
- Document your efforts to maintain a positive relationship with your child
These actions can significantly impact how to win custody in Florida by showing that you’re child-focused, consistent, and cooperative.
Final Thoughts
Custody cases in Florida are decided based on what serves the child best — not what’s most convenient or emotionally satisfying for the parents. If you are proactive, informed, and focused on your child’s needs, you can improve your standing with the court.
For more legal information, visit the Florida Courts Family Law Self-Help Center or the Florida Bar’s Custody Guide.
Need help creating a parenting plan or modifying custody?
Visit joeltheattorneysblog.com or contact our office to schedule a consultation.
