There is a general assumption that courts favor mothers in custody cases. In the past, this was very true. Mothers typically stayed at home and provided the majority of care to the children, so the court would place the children with the mother because this is what the children were comfortable with.
However, times have changed. Most families have two parents that work, and both parents take on child care roles. According to the Florida Statutes, the court does not give preference to one parent over the other when it comes to child custody matters.
Best interests of the child
The general rule the court operates under when determining child custody issues is to do what is best for the children. The court will not likely even consider the parents. It wants to discover information about the care of the children and the desires of the children, if they are old enough, to see what generally happens with child care in the family.
The court wants to minimize the disruption to the children. So, for example, if the dad usually stays at home and provides the children with daily care, then the court will likely place the children with him for the majority of the time.
The law has shifted in recent years to favor more equal parenting. The court believes that children deserve to have equal relationships with both parents. If it is possible for you and the children’s other parent to share parenting time, then the court will most likely make a ruling that allows shared parenting.