The right of a parent to the physical custody of their child includes the right of that parent to have the child live with them in their home. In Florida, a court may determine that both of a child’s parents should have physical custody of them. In cases such as this, a child may split their time between the households of their parents. A sole parent may also be granted physical custody of their child, in which case the other parent, known often as the noncustodial parent, may have visitation time with their kid.
When a court must decide the physical custody arrangement for a child, it will evaluate a number of factors. For example, a court may consider which of the parents will be better suited to supporting the child with their developmental, educational and other important needs. If one parent is more accessible to the child in this respect then that parent may have a better claim to physical custody than the other.
Additionally, a court will look into whether one parent is more likely to provide a loving and stable home to the child. If one parent’s home is wrought with chaos then they may have a more difficult time proving that they are better suited than their former partner to have the physical custody of their shared child.
There are a number of other factors that may influence the outcome of a court’s physical custody evaluation. Matters related to custody and other family law issues are often factually driven and as such should be discussed with family law attorneys. Legal professionals are well-suited to providing their clients with case-specific information that is relevant and useful to their pending legal claims.