Florida factors in the parents’ moral fitness as an element in deciding the child’s best interest. Moral fitness usually describes the conditions that could impact a child’s moral and ethical advancement such as drug abuse, verbal abuse, or unlawful activity.

What is important to note is that the Moral Fitness generally has to be an issue that impacts the children.  It is not typically a blanket “this activity is immoral”  rather that it impacts the child.  For instance, if a wife has an affair, that is certainly not by today’s standards a “moral” act.  One could argue that having an affair “should” disqualify the wife on the grounds of moral fitness.  However, if the affair never entered into the child’s world… then an immoral act, would not have impact on the child, and it could be argued that the affair has not impact in the argument of moral fitness in a custody case.   There are so many nuances, that before one runs off believing that they have a hands down win, or assumes an automatic loss, of custody based on past events, you should contact a custody attorney.

We suggest calling Brandon Legal Group, and speaking to one of our family law attorneys, long before you are at the “going to court” stage, in order to prepare the best offence, or defence, and to protect you, your rights, your property, and most importantly, your family.  Your initial consultation is always free.