Best Interest of the Child Proffers?

[gemini3]

I have to complete these for upcoming custody hearing.  Does anyone know how detailed the answers should be?  I want to be honest and address the issues at hand, but don't want to sound like I'm bashing.

[FLMom]

I hope I'm understanding your question correctly as I answer this. . .

Most state statutes have a listing of things that are considered in an initial determination of child custody. I don't have time to go look right now, but there's about a dozen things ranging from 'the parent that will most likely foster a relationship between the other parent and child' to 'the solidity of the family home'. I'm really paraphrasing here, but it's something along those lines.

What I did was print separate sheets with each factor on a sheet. I knew in my head all of the things that I was either ticked about or had serious issues with. I went through and put them where they belonged in the scheme of things on the sheets. Then, after a few days of remembering stuff and running to write it down, I typed it all neatly in a format like this:

1) The Parent That Will Most Likely. . . .
     a)
     b)
     c)

and so on. . . .

If you have time, don't be in a rush to do it all in one day. As soon as you have it all typed up nice and pretty, you'll go "AHA!!!!!" and remember something else.

Also, keep everything in business language. "He" becomes "Mr. XXX". She becomes "Mrs. or Ms. YYY". ALWAYS use the phrase "our children" instead of "my kids" or "my children". I had more luck keeping everything together this way-----it sounded too official, which is good. It kept a good distinction in my head and I was able to catch myself as I was starting to bash the ex.

I hope this helped. Let us know how things turn out.

[John-J-Jay]

FL Mom
just curious what do you mean by the solidity of the family home?

[FLMom]

Eh, I was paraphrasing and botched it. Knew what was in my head wasn't gonna transfer into the post the right way. Bad move to answer something when you're in a hurry----my apologies.

I went back today and looked up what I was trying to write yesterday. This is an excerpt of the Florida Statutes:


For purposes of shared parental responsibility and primary residence, the best interests of the child shall include an evaluation of all factors affecting the welfare and interests of the child, including, but not limited to:

a)  The parent who is more likely to allow the child frequent and continuing contact with the nonresidential parent.

(b)  The love, affection, and other emotional ties existing between the parents and the child.

(c)  The capacity and disposition of the parents to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in lieu of medical care, and other material needs.

(d)  The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
(***that was the "solidity" one I messed up***)

(e)  The permanence, as a family unit, of the existing or proposed custodial home.

(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 willingness and ability of each parent to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.

(k)  Evidence that any party has knowingly provided false information to the court regarding a domestic violence proceeding pursuant to s. 741.30.

(l)  Evidence of domestic violence or child abuse.

(m)  Any other fact considered by the court to be relevant.