An attorney is not required in Florida child custody cases but can be very helpful. A Tampa family law attorney can help navigate your case through the court system and advocate on your behalf. If litigation is required, the judge will decide the case based on the children’s best interests.
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Instead, the custody arrangement will depend on the specific facts and circumstances of each case. An attorney is not required in Florida child custody cases but can be very helpful. A Tampa family law attorney can help navigate your case through the court system and advocate on your behalf.
Child custody cases in Florida can be either contested and resolved by court order, or noncontested and defined in a child custody agreement between the parents. A custody agreement or order will legally determine, at minimum, the following things: Where the child lives (physical custody)
At Florida Law Advisers, you not only receive the highest quality legal support, but you also will work with empathetic professionals who can understand and support you through this difficult time. We understand how important child custody matters are and work tirelessly to protect our client’s rights.
See Florida Family Law Rule of Procedures 12.407. The parent requesting a child’s testimony must first schedule a court hearing on the request. At the hearing, the judge will consider all relevant factors when ruling on the request. If granted, the judge may allow the minor to testify about the child’s preference in custody.
How much does a custody lawyer cost? Attorney fees can range anywhere from $85 to $400 or more per hour depending on the experience level of the lawyer you hire, their reputation, and their track record of success in litigating child custody cases. Some lawyers will require an upfront payment, called a retainer.
Florida abandoned the traditional terms of custody in favor of parental responsibility and time-sharing. Florida's custody laws favor both parents remaining active in their children's lives. Therefore, courts prefer to see parenting plans and time-sharing plans that provide equal access for the child with each parent.
The judge can consider all relevant circumstances when determining custody. For instance, the judge can consider the child's relationship with both parents, any child's special needs, a history of domestic violence, and the child's preference.
In Florida, the age a child can choose a parent to live with will depend on the child's overall maturity. Unlike other states, in Florida, there is no particular age when courts must consider a child's preference. Instead, a judge will decide whether: the child is intelligent enough to make a choice.
Florida Custody Laws For Unmarried Parents All mothers instantly get parental rights to their children at birth. Fathers are granted custody and visitation rights depending on a DNA paternity test. Florida custody laws for unmarried parents state both parents share equal custody rights.
You likely have questions about child custody, and how often you will be able to see your children. You may have heard Florida is a 50/50 child custody state, but there is no statutory requirement that mom and dad will split 50/50 parenting time – in fact, nowhere is this mentioned in Florida custody law.
The Reigning King of What Can Be Used Against You in a Custody Battle: Verbal or Physical Altercations. We wanted to start with the most simple pitfall to avoid: When tempers get high, it's quite alluring to get into a verbal sparring match with your ex-spouse.
In Florida, there are several things that may make a parent unfit. According to Florida Statute 751.05, in order for a parent to be found unfit, they must have abused, neglected, or abandoned the child. A parent may also be found “unfit” if they have a recent or long-standing history of drug abuse or mental illness.
Thanks to the controversial doctrine, mothers received primary custody in about 90% of cases, according to the Florida Bar. However, courts began to ditch the doctrine as an increasing number of studies showed that children are better off spending an equal amount of time with both parents.
A parent who drops off his or her child at a relative's home and then vanishes can be found to have abandoned the child if a sufficient period of time has passed. In addition, a parent who cannot be located for 60 or more days can have his or her parental rights terminated by the court.
Age 18Legally, Your Child Can Refuse Visitation at Age 18 When your child reaches 18, he or she is an adult. Adults can decide who they spend time with. You will not be able to force your child to continue to see you. A family law court will no longer be able to enforce any possession or visitation clauses over an adult.
However, most judges will take into account a child's preference around the age of 12 or 13, along with other factors such as the child's intelligence, maturity, child's experiences with each parent and whether the child understands the decision being made.
Florida law does not give any preference to mothers or fathers when deciding child custody matters. Instead, the judge’s primary focus will be to f...
In Florida child custody cases, the court will require the parents to submit a parenting plan for judicial approval. The parenting plan outlines ho...
Minor children do not have the authority to decide which parent they will live with. The child’s preference can be a factor the judge considers but...
A petition to modify the parenting plan will need to be filed with the court and approved by the judge. You are not required to hire an attorney, b...
Minor children do not have the authority to decide which parent they will live with. The child’s preference can be a factor the judge considers but...
Yes, Florida law does allow for a modification of the parenting plan if there has been an unanticipated and substantial change in circumstances. Ad...
Paternity can be established by filing a petition to establish paternity with the court. Additionally, you can add paternity to a child support or...
Paying child support does not necessarily also include child custody rights. If the other parent is withholding custody, you may need to file a pet...
You may not need to take a DNA test to establish paternity under Florida law. If both parents agree on who the father is a DNA test should not be n...
Yes, Florida law requires both parents to attend a parenting class for all divorce and custody cases involving minor children. The course is schedu...