Keeping Family Courts Accountable While Too Many Families Are Unraveling

It takes just a few data points to portray the dissolution of too many American families today. According to the Centers for Disease Control and Prevention (CDC) and other resources:

• In 1968, 42% of households were nuclear families (two parents plus one or more children under the age of 18). In 2018, that number had decreased to 22%.
• There were approximately 332 million residents in the USA in 2018, so around 73 million people were part of a nuclear family at that time.
• Currently, 40.4% of all births are to unmarried women.
• In 2021, approximately 7.21 million families were led by a single man with no spouse.
• As of 2022, approximately 60,000 minor children were being raised by a widowed parent.
• After no significant change between 2001 and 2007, the suicide rate among young people ages 10‒24 increased 62% from 2007 through 2021.
• The homicide rate among young people ages 10-24 increased 60% from 2014 through 2021, after no significant changes between 2001 and 2006.
• 15% of high school students reported having ever used select illicit or injection drugs (i.e. cocaine, inhalants, heroin, methamphetamines, hallucinogens, or ecstasy) and 14% of students reported misusing prescription opioids.
• 25% of women and 11% of men will experience domestic violence   in their lifetimes.
• Roughly 1 in 100 children in the U.S. have their parents’ rights terminated by age 18.
• Recent and comprehensive Florida specific data can be accessed here.

Florida Statute 61.13(3) provides in pertinent part that its family court judges consider the following factors in making custody determinations:

(3) 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.

(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.