recording conversations for evidence in a Florida child custody case

When a couple is going through a divorce or child custody dispute there may be insults and threats made by the parties involved. Often, people will try recording conversations for evidence in a Florida child custody case. However, Florida law may restrict recording conversations for evidence in a Florida child custody case or divorce. For more information about the types of evidence that may be used in a child custody or divorce case contact a divorce attorney in Tampa for legal advice. An experienced child custody & divorce lawyer in Tampa can help answer your questions and advice on which types of evidence may be used in court.

Recorded Conversations

Under Florida Statute 934.06, any information gained from illegal monitoring/recording of electronic communications or oral communications will not be admitted as evidence during a trial. Therefore, recording conversations for evidence in Florida child custody case or divorce may not be a good legal strategy.

Further, each party in a proceeding has an expectation of privacy from interception by another party. See Shevin v. Sunbeam Television Corp. Interception in this context means gaining information by using electric, mechanical, or other devices. See Florida Statute 934.02. Because technology is constantly changing and Federal laws regarding illegal recording of information differ from those in Florida, it is important to consult with an experienced divorce attorney in Tampa to determine what constitutes illegal monitoring.

Improper Recording of Conversations for Evidence in a Florida Child Custody Case

In Florida, electronic communication is defined as any transfer of information shared partly or wholly by a wire, radio, or any other electronic device. Information includes signs, signals, writing, images, sounds, or data. See Florida Statute 934.03. Electronic storage of documents may also be protected communication. An example of illegally recording electronic communication would be installing software that allows a party to intercept the opposing party’s emails and instant messages. Information gained through this type of technology will not be admissible in trial. See O’Brien v. O’Brien.

Illegal recording of oral communication may also include conversations that occur in person. A common example in divorce cases is recording a conversation between both spouses without the other party’s consent.  These types of recordings are typically not admissible in Florida divorce and child custody cases.

Tampa Divorce Law Firm

If you are contemplating filing for divorce or child custody contact to speak with a Tampa divorce lawyer. Our divorce lawyers have years of experience helping people with their divorce and child custody disputes. Every divorce is different, and our vast experience allows us to cater our services to each client’s individual situation. 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. We are available 24 hours a day, 7 days a week and offer a free initial consultation. Call us today at 800 990 7763 to speak with a divorce attorney in Tampa.

Florida divorce and child custody case

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.

enforce a parenting plan in Florida

Under Florida family law, many child custody cases and divorce issues require mediation. For instance, to enforce a parenting plan in Florida, the Judge will likely require you to attend mediation. Mediation is intended to help the two parties sit down and reach an agreement. Mediation involves the use of a neutral, independent mediator who is approved by the Court. The mediator is not associated with either party in the case, they are completely independent. The mediator will listen to both sides and propose solutions to help negotiate a settlement between the two parties. Each party has the right to have a Tampa child custody lawyer present with them during the mediation.

Enforce a Parenting Plan in Florida With Mediation

Unlike a Florida family law judge, the mediator does not have the authority to compel either party to enter into an agreement. Additionally, the mediator has no authority to decide the outcome of the case. Typically, the mediator will be a Florida family law lawyer who is familiar with Florida law. However, the mediator must be independent and not associated with either side in the case. There are mediation centers in the courthouse, as well as private mediation facilities. In most instances, mediation provided at the courthouse will be less expensive than private mediation.

Enforce a Parenting Plan in Florida in Hillsborough or Pinellas County

In Hillsborough & Pinellas County Florida, all child custody or divorce issues that arise after the final judgment are automatically sent to mediation. See Administrative Orders  S-2009-107 & 2011-006 PA/PI-CIR. For instance, if a parent is not complying with a parenting plan the case must go to mediation before a judge will rule on the mater. Likewise, if a former spouse does not comply with the terms of the divorce decree, mediation will be necessary before a judge will hear the case. For more information on the administrative orders, contact a Tampa child custody lawyer for assistance.

The Administrative Orders require both sides to enter mediation in good faith. There is no requirement that an agreement be reached, only to negotiate in good faith. If the dispute is not resolved in mediation it can then be sent to a judge to decide the outcome.

Tampa Child Custody Law Firm

If you need assistance with enforcing a divorce decree or parenting plan contact us to speak with a child custody attorney in Tampa. When the issues cannot be resolved through negotiations, we are prepared to go to court and fight aggressively for whats fair. With years of experience in family law litigation we are more than ready to present a compelling case on your behalf. To speak with a family law attorney call us today at 800 990 7763, we are available 24/7.

Florida stepparent adoption

Adoption is the process of creating the legal relationship between parent and child where such a relationship did not exist. When an adoption is complete the parental rights of the biological parents are terminated, and the adopting parties assume all rights, privileges, and obligations as parents of the adopted child. Generally, there are three types of adoption cases in Florida. The most common type of adoption cases are when the parents voluntarily consent to the adoption. The second type of adoption cases originate in dependency cases. In dependency termination cases, the court determines it’s not in the child’s best interest to remain with the biological parent. Thirdly, are Florida stepparent adoption cases. All three forms of adoption are strictly regulated by Florida’s adoption laws. Navigating and understanding Florida stepparent adoption laws can be difficult, if you need assistance contact a Tampa child custody attorney.

Terminating Parental Rights in a Florida Stepparent Adoption Case

In order to complete a Florida stepparent adoption, the parental rights of the biological parent must be terminated. The biological mother automatically obtains parental rights upon birth of the child. Therefore, in every adoption case where the mother is still living there must be a judgment of termination of parental rights entered by a court of law before the adoption can occur. If the mother was married at the time of conception or birth, the mother’s husband will also acquire parental rights automatically upon the birth of the child. Fathers to children born out of wedlock will need to legally establish paternity. Until paternity is established, the father will not be legally recognized under Florida child custody law. For assistance with establishing paternity contact a Tampa child custody attorney.

Florida Stepparent Adoption with Consent of the Biological Parents

Adoption by consent can only occur if all the persons required to consent under Florida adoption law consent to the adoption in accordance with Florida’s requirements. If the minor child to be adopted is over 12 years of age the child must consent as well. See Carlson v. Keene. The minor child’s consent must either occur in front of the judge or be acknowledged before a notary public in the presence of two witnesses.

Generally, the written consent of the mother is required in consent adoption cases. The mother’s consent must occur at least 48 hours after the birth of the child to be legally binding. If the father has legally vested his parental rights his consent will also be required. Additionally, the law will require the consent of any other person who has legal custody of the child. However, a court does have authority to not require consent in the following circumstances:

  • The parent has deserted the child without means of identification. See Florida Adoption Law 63.064
  • The parent’s parental rights have previously been terminated by a court of law
  • The parent has been legally declared incompetent

Revoking Consent to a Florida Stepparent Adoption

Consent to adoption should not be taken lightly, the consent to a Florida stepparent adoption may not be withdrawn on a mere whim or because of a change of heart. Under Florida law, consent to a Florida stepparent adoption may only be revoked if the consent was obtained by fraud or duress. See Florida Adoption Statute 63.082. Absent fraud, duress, or undue influence a consent to adoption that is given voluntarily and freely is irrevocable. Further, the party wishing to revoke the consent has the burden of proving fraud or duress was present with clear and convincing evidence. Revocation of consent will depend on the facts and circumstances of each case. Therefore, if you think you may be entitled to revoke a prior consent to adoption you should contact a child custody lawyer in Tampa for advice about your specific case.

Tampa Child Custody Law Firm

If you are interested in adoption or need help preventing termination of your parental rights contact Florida Law Advisers. We have years of experience in both advocating for and against adoption. Our professional legal team is dedicated and passionate about these matters and will work tirelessly to help achieve the outcome you desire. To speak with a child custody lawyer in Tampa call us today at 800 990 7763, we are available to answer your calls 24/7.

Florida child relocation

Florida child relocation laws require that when a parent wants to relocate with a child more than 50 miles from their current residence they first obtain either consent from the other parent or court approval. See Florida Child Custody Statute 61.13001. Failure to obtain approval from the other parent or court before relocating can result in contempt of court. Further, a Florida family law court can compel the return of the child and take the parent’s actions into account when ruling on a petition to modify a parenting plan. Therefore, if you need assistance with a Florida child relocation case contact a child custody attorney in Tampa before relocating. A Tampa child custody attorney can help draft all the necessary paperwork and navigate the case through the court system.

Florida Child Relocation with Consent From the Other Parent

Under Florida child relocation statutes, in order to be an effective relocation agreement both parents must agree. Additionally, all other parties entitled time-sharing with the child must also agree to the relocation. The agreement must be reduced to writing and include a parenting plan. The parenting plan must detail the time-sharing schedule for custody after the relocation occurs. Parents should also account for and describe the transportation arrangement related to time-sharing in the parenting plan. Moreover, in order to be legally effective, the agreement must be submitted to a court with competent jurisdiction. Lastly, the agreement must be ratified by a family law judge.

Florida Child Relocation with No Consent From the Other Parent

If the other parent does not agree to the relocation the relocating parent must file a petition to relocate. Florida child relocation procedure will require the other parent and all other parties entitled to time-sharing be served with a copy of the petition. If no objection to the petition is filed within the time allotted under Florida Rules of Civil Procedure,  the court may grant the petition to relocate without an evidentiary hearing. If no objection is filed it will be presumed that the relocation is in the child’s best interests. See Florida Child Custody Case Porras v. Porras.

If the nonrelocating parent objects to the relocation there must be a hearing or trial before the relocation can occur. An objection to a petition for relocation must be verified and include the factual basis supporting the reasons why the relocation should be denied. Moreover, the objection must include a statement outlining the involvement that the nonrelocating parent has had with the child. The Florida child relocation objection process can be confusing without legal training, if you need assistance contact a child custody attorney in Tampa for counsel.

Florida Child Relocation Factors

If a valid objection is filed, there must be a hearing or trial before the relocation can occur. At the hearing, the relocating parent will have the burden of proving the relocation will be in the child’s best interests. If that burden is met, the burden then shifts to the nonrelocating parent to prove the relocation is not in the best interest of the child. You should consider retaining a Tampa child custody attorney to help litigate and advocate on your behalf.

When issuing a ruling the court will consider many factors such as:

  • The child’s preference
  • Whether or not the relocation will enhance the quality of life for both the relocating parent and child
  • The reason for the relocation or objection
  • The nature and extent of involvement both parents have had with the child
  • The impact the relocation will have on the child’s physical, educational, and emotional development
  • The current employment and economic circumstances of each parent and whether the relocation is necessary to improve the economic conditions.

The above list is non-exhaustive, a court will consider many other factors in relocation cases. If you are interested in filing a petition to relocate or objecting to a relocation you should contact a child custody law firm in Tampa for specific advice regarding your case.

Child Custody Law Firm in Tampa

If you are in the middle of a Florida child relocation case or thinking about relocating call us today to speak with a Tampa child custody attorney. At Florida Law Advisers, we take these matters very seriously and will stand firm for what is fair. We have years of experience in both advocating for and against relocation. Our professional legal team is dedicated and passionate about these matters and will work tirelessly to help achieve the outcome you desire. To speak with a Tampa child custody attorney call at 800 990 7763. We are available to answer your call 24 hours a day, 7 days a week