The Definition of “Moral Fitness” in Florida Child Time Sharing Cases

Parents in Orlando often review Florida’s “best interest factors” before approaching their child custody cases. While there are many factors to consider, a notable example is “the moral fitness of the parents.” What exactly does “moral fitness” mean in this context? How can you increase your moral fitness before a custody dispute in Orlando, and what might make you seem less morally fit in the eyes of a family court judge?

Florida Does Not Have a Specific Definition of “Moral Fitness” 

Although it would serve as a helpful reference for parents navigating custody battles, Florida lacks a specific definition of “moral fitness” in the context of child time sharing. At the end of the day, the judge presiding over your case gets to decide what moral fitness means. This definition may change from one case to the other, and it may depend on the unique aspects of your family situation.

Examples of Issues Involving Moral Fitness

 Although Florida does not define moral fitness in the context of child custody, the Florida Supreme Court has given several examples of “crimes of moral turpitude.” These may give you some idea of past convictions that could affect child time sharing.

Crimes of moral turpitude include “baseness or depravity in private social relations.” These crimes may also involve anything “contrary to justice, honesty, principle, or good morals.” This is still a vague definition, however.

A parent’s moral fitness could be questioned if they have engaged in frauds or scams. Other examples include elder abuse, arson, bomb threats, bribery, extortion, perjury, or even tax evasion.

Is Substance Abuse Poor Moral Fitness? 

In and of itself, substance abuse is probably not an indicator of poor moral fitness. Many Florida residents drink somewhat regularly, take prescription drugs, and consume other substances. The medical community today tends to view substance abuse as a mental health issue rather than a crime – and the legal world is following suit.

That being said, substance abuse could become a moral fitness issue if parents expose their children to unsafe situations. Specifically, parents who have a history of substance abuse must show the court that they are capable of keeping their children away from all environments that could possibly involve substance abuse.

Sexual Activities Could Become a Factor

 A parent’s sexual behaviors could become a factor in determining their moral fitness. A parent who has a history of depravity, cheating, prostitution, and other concerns could be considered morally unfit. However, sexual behaviors only become relevant when they directly affect the child. If a parent is discreet and the children remain unaware of their private activities, this may not be relevant in determining moral fitness.

Can an Orlando Child Time Sharing Lawyer Help? 

While moral fitness is an important concept to understand in the context of child custody, there are many other crucial best interest factors. You can discuss all of the factors that may affect your case with Steve Marsee, P.A. Reach out today, schedule a consultation with an experienced Orlando custody lawyer, and continue this consultation in more detail.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html