Florida family-law information • Updated August 3, 2026

Best Interests of the Child in Florida

Florida judges must evaluate the best interests of the child when deciding parental responsibility, parenting plans, and time-sharing schedules. The statutory factors are also your opportunity to introduce yourself as a parent by telling the story of your life with your child.

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The Best Interests Factors Are Your Opportunity to Introduce Yourself as a Parent

The judge has never met you. The judge has never watched you parent your child. The judge has never seen what happens in your home, how you interact with your child, or the role you play in your child's daily life.

The best-interests factors provide the opportunity to introduce yourself as a parent. They give you the chance to tell your story and help the judge understand what your relationship with your child actually looks like.

Many parents unintentionally spend much of that opportunity talking about the other parent. Family-law judges hear hundreds of cases every year in which each parent believes they are helping their case by describing everything the other parent has done wrong. There are certainly times when evidence about the other parent's conduct is important and necessary. However, if most of your testimony is about the other parent, the judge will know very little about you as a parent, and you will not have established credibility about your own parenting.

Anyone can point out what they believe is wrong with someone else. Far fewer people can tell their own story.

Think about a movie. Imagine if the main character stopped at the beginning, looked directly into the camera, and announced:

“I am the hero of this movie. I am the one you should appreciate.”

That would be absurd. Instead, the movie tells a story. You watch the characters live their lives. You see how they react, the choices they make, how they treat other people, and how they respond when things go wrong. By the end, no one has to tell you who the hero is or who the villain is. You observed the characters and reached those conclusions yourself.

Do not tell the judge, “I am a capable parent and the other parent is not.” Tell your story. Let the judge observe your parenting through your testimony and reach the conclusion that you are a capable parent.

What you may think is boring, routine, or simply taken for granted is often exactly what the judge is interested in learning. What is an ordinary day like with your child from the moment you wake up until bedtime? Children have to eat, get ready for school, sleep, play, do homework, attend appointments and activities, and sometimes do things they are not supposed to do. Tell the judge about parenting.

Describe the life you actually live with your child: the morning routine, school, meals, transportation, homework, play, discipline, comfort, bedtime, illness, frustration, celebrations, mistakes, and ordinary time together. Those details allow the judge to see your parenting instead of merely hearing your conclusions about it.

No parent needs to be perfect. The point is not to present yourself as flawless. The point is to tell the truth about your daily life with your child so the judge can understand who you are as a parent and draw an independent conclusion about your capability and credibility.

Florida's Best Interests of the Child Factors

Section 61.13(3), Florida Statutes, requires the court to evaluate all factors affecting the welfare and interests of the particular child and the circumstances of that family, including the following:

(a) The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.

(b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.

(c) The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.

(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

(e) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.

(f) The moral fitness of the parents.

(g) The mental and physical health of the parents.

(h) The home, school, and community record of the child.

(i) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.

(j) The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child's friends, teachers, medical care providers, daily activities, and favorite things.

(k) The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.

(l) The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.

(m) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect or evidence that a parent has or has had reasonable cause to believe that he or she or his or her minor child or children are in imminent danger of becoming victims of an act of domestic violence, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.

(n) Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.

(o) The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.

(p) The demonstrated capacity and disposition of each parent to participate and be involved in the child's school and extracurricular activities.

(q) The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.

(r) The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.

(s) The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child's developmental needs.

(t) Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.

Source: § 61.13(3), Florida Statutes. The Legislature may amend the statute; current text should be verified before relying on it.

Need advice about a parenting-plan or time-sharing case?

Individual advice requires review of the pleadings, prior orders, evidence, witnesses, and the history of the child's care.

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