Is moral fitness considered in a Florida Child Custody case?
When determining parental responsibility, F.S. 61.13 states that the “moral fitness of the parents” should be investigated and considered. The most important aspect of the parent’s moral fitness is whether or not it has a negative impact on the child. Marital misconduct alone is not grounds to influence the court’s decision on parental responsibility. It must be shown that said conduct has been detrimental to the child. In other words, there must be a nexus between the immoral conduct and resulting detrimental impact on the child in most in most instances. F.S. 61.13 also indicates that if a parent has been convicted of a third degree felony or higher involving domestic violence there is a “rebuttable presumption of detriment to the child.”