According to Florida case law, decisions affecting child custody require a focus on the best interests of the child:
[d]ecisions affecting child custody require a careful consideration of the best interests of the child. § 61.13, Fla. Stat. (1991). This court has previously discouraged trial courts from using default as a sanction when dealing with the sensitive issue of child custody. Chase v. Chase, 519 So. 2d 637 (Fla. 2d DCA 1988). In such cases, the testimony of a child's natural mother will almost always aid the court in fairly determining the child's best interests. See Doane v. Doane, 279 So. 2d 46 (Fla. 4th DCA 1973). Although Ms. Andrews is an ineffective and uncooperative litigant, she *180 may still be the better parent for custody of the couple's two young children. Especially in the context of a modification of child custody, it would seem critical for the trial court to hear the full testimony of the parent who was initially granted custody.
See: Salazar v. Dominguez - 351 So.3d 175
Related (From our main website):
- Child Custody in Florida
- Advocating for Your Child’s Best Interest
- How to File for Child Relocation in Florida and Win Your Case
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