Is there a presumption that the mother will be given primary residential custody?
Not in Florida. By law, the court must give the father and the mother equal consideration if the court is going to designate a primary residential parent. (Rotating custody may eliminate the need to designate one parent the primary residential parent.) This is the law regardless of the age or sex of the child. The court will consider many factors to determine primary residential custody. These include: which parent is likely to encourage affection and allow frequent contact between the child and the other parent; the existing emotional ties the child has with both parents; the length of time the child has lived in a stable environment and the desirability of changing that environment; the moral, mental and physical health of the parents; and the reasonable wishes of the child if the child is mature enough to make such a choice. These are only a few of several factors the court is allowed to consider; none of them are controlling and the court also can consider any other relevant facts.
