Florida no longer uses the phrase child custody, instead Florida uses a parenting plan and refers to custody as time-sharing. In a Florida divorce and child custody case, the judge will consider the best interests of the children when deciding how the time-sharing will be allocated amongst the parents. See Florida Statute 61.13. The outcome of the case will have a significant impact on the children and should be taken very seriously. While a lawyer is not legally required, it is highly recommended to seek the assistance of a Tampa divorce lawyer if you are involved in a Florida divorce and child custody case.
Florida Divorce and Child Custody Case: The Parenting Plan
In a Florida divorce and child custody case, the court will issue a parenting plan. The parenting plan outlines how the parents will share the responsibilities and decision-making authority for the children. When determining the custody rights in a Florida, the judge will consider a multitude of factors when making their decision. For instance, the judge will consider the child’s relationship with both parents, the preference of the child if old enough, any special needs of the child, history of domestic violence, and give each parent an opportunity to present evidence. See Jeffers v. McLeary.
Florida divorce law does not give any preference to mothers or fathers when deciding child custody matters. Instead, the custody arrangement will depend on the specific facts and circumstances of each case. A divorce lawyer in Tampa should be able to help identify which factors may help or hurt your case. Therefore, you should contact a divorce lawyer in Tampa for legal advice before taking action.
Florida Divorce and Child Custody Case with Relocation
If a parent is looking to move, the court will also consider the cause of the move as part of the Florida divorce and child custody case. The parent seeking the relocation will need to prove the relocation is in the best interests of the child. If a parent is looking to move for selfish reasons or for revenge, the court will deny the relocation. Further, the judge will evaluate the relocation request to determine how it will impact the child’s mental, physical, and emotional development. For more information about including relocation in a Florida divorce and child custody case contact a divorce lawyer in Tampa for assistance.
Florida Divorce and Child Custody Case When the Parents Agree on Custody
If the two parties reach an agreement on the terms of custody it will speed up the court process. If there is an agreement, the judge will typically honor it, unless the terms conflict with Florida law. Florida courts have a policy of allowing both parents to have frequent and continuing contact with their children. When shared custody is ordered a court should refrain from awarding a parent ultimate responsibility concerning the children. See Florida child custody case, Markham v. Markham. However, control over specific aspects of the child’s welfare may be awarded to one parent. For instance, responsibility for the child’s education or health care may rest in the hands of just one parent when shared parental responsibility is impracticable. See Wilson v. Wilson.
Divorce Law Firm in Tampa
If you are contemplating filing for divorce or your spouse has already filed for divorce, call us today to speak with a Tampa divorce lawyer at our firm. Our divorce lawyers in Tampa are skilled litigators with experience in all types of divorce cases. Our vast experience allows us to cater our services to each client’s specific situation and deliver top-notch legal representation. Whether a couple mutually agrees to the terms of a divorce or are engaged in a fierce battle for their property and child custody rights, Florida Law Advisers, P.A. can help. Call us today at 800 990 7763 to speak with an attorney about your case.