Question about divorce and child custody

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Question about divorce and child custody

Good afternoon I just have a question, I have a 3
years old son and my husband has told me that he
would try his best for him to get custody of my son if
we get divorced weve been married for 6 years and I
just wanted to ask of how true that is if he could take
my son from me

Asked on October 9, 2019 under Family Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

It is determined in the child's best interest. The court's look at:
1) Which parent has been more involved in child care until now? They will tend to favor that parent, to keep the care experience  consistent.
2) Which parent is more accessible to the child--if one works full time and one works part time or more flexibly, they will tend to favor the one with more time.
3) Is either parent planning or intending to move? The one who will not move is usually favored, to not uproot the child.
4) Does either parent have serious health, mental health, or substance abuse issues? The one without is usually favored.
5) Does either parent have a criminal record? If so, the one without will usually be favored.


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