Can Each Parent Get Custody of One Sibling?

If you are approaching a divorce in Orlando, you might be wondering whether you can divide your children equally between both parents. Perhaps you have two children with your ex, and you assume that the fairest option is for each parent to receive custody of one child. While this might make sense from a logical or mathematical perspective, you also need to consider the policies and procedures of family courts in Orlando – including the factors that affect a child’s best interests.

Understanding the Child’s Best Interests in Florida 

It may be easier to understand how custody decisions work if you review the various factors courts consider when determining the child’s “best interests.” In Florida, family courts are required to consider the relationship of a child with their siblings, and whether any change in custody will separate (or reunite) them with these siblings.

Note that even if you create a separation agreement outside of court, family courts will still consider these best interests when determining whether or not to approve the agreement. If the agreement goes against a child’s best interests, the family court may invalidate it. In other words, it may be difficult for parents to agree to divide siblings, even if they do so outside of a court custody hearing.

Why Do Family Courts Try to Keep Siblings Together?

 The logic behind this reasoning is simple: Family courts understand that divorce causes considerable fractures within the family structure. These fractures can be highly stressful and traumatic for children, and the family courts strive to limit further stress by keeping siblings together. Family courts also recognize that siblings can support each other in times of need, and keeping them together can limit psychological hardships.

Dividing Siblings Is Very Rare in Florida 

Family courts are very reluctant to divide siblings, but they may allow it under very rare circumstances. Generally speaking, parents who want to achieve this outcome must show that keeping siblings together would be detrimental to the children. It is not sufficient to simply establish that there is no “benefit” to keeping the children together.

Arguing that your child is doing well in their current location will not have much of an effect, and the court will inevitably try to reunite them with their siblings regardless. That being said, it may be possible to separate siblings – and you can discuss this possibility alongside your custody lawyer.

Find a Parenting Time Lawyer in Orlando 

If you’re serious about pursuing positive results after divorce, consider a consultation with a child custody lawyer in Orlando. With help from one of these legal professionals, you can learn more about various factors that might affect a child’s best interests – including being separated from their siblings. With a greater understanding of these factors, it may be easier to confidently approach your custody battle. Reach out to Steve Marsee, P.A. to get started with an effective action plan.

Sources:

flcourts.gov/content/download/862645/file/Everything%20Else%20-%202017-2021%20cases%20FJC.pdf

childwelfare.gov/resources/determining-best-interests-child-florida/