when would a lawyer want to speak to a child in a custody case in florida

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.

Full Answer

Do I need a lawyer for child custody in Florida?

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.

Can a judge speak to a child in a custody case?

Alternatively, the judge may speak directly with a child in his or her chambers, outside the presence of the parents. When this is done, a court reporter must be present to record the child's statements, otherwise, the judge can't base his or her custody decision on the child's testimony.

When does a child custody case go to mediation in Florida?

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 does not comply with a parenting plan, the case must go to mediation before a judge rules on the mater.

Why Florida law advisers for child 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.

What age can a child speak in family court in Florida?

In Florida, children can testify in court when they are “of sufficient age and maturity”. No specific age is mentioned in the law. Children can testify at the discretion of the family court judge, based on an attorney's request. The judge rules on the request at a separate hearing.

At what age does a judge listen to a child in Florida?

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.

What do judges look for in child custody cases Florida?

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.

At what age can a child in Florida decide who they want to live with?

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.

What can be used against you in a custody battle?

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.

What do judges look for in child custody cases?

Mental and Physical Well-Being of Parents Parents' mental well-being is of great concern to a judge in a child custody case. Psychological disorders, overwhelming stress, drug or alcohol abuse, and mental health crises can prevent a parent from acting in their child's best interests.

At what age can a child refuse to see a parent?

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.

What rights does a father have in Florida?

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. Unmarried child custody includes the parent's right to decide things about the child's life like education, religion, and medical care.

What is an unfit parent in Florida?

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.

What is the average child support payment for one child in Florida?

Florida. If monthly income exceeds $10,000, child support is calculated by multiplying the amount of income over $10,000 by a percentage based on the number of children. For this, one child is 5%, two is 7.5%, three is 9.5%, four is 11%, five is 12%, and six is 12.5%.

Is Florida a 50/50 child custody State?

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.

Can a mother take a child out of state without father's consent in Florida?

However, fathers can file paternity cases at any time, and once the case has been filed, in most Florida counties, the mother is prohibited from removing the child from the state once she has been served, without an order from the court or the written permission from the father.

How do I get full custody?

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...

What is a parenting plan?

In Florida child custody cases, the court will require the parents to submit a parenting plan for judicial approval. The parenting plan outlines ho...

At what age do children get to decide which parent to live with?

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...

Do I need a lawyer to change the parenting plan?

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...

What if my child does not want to stay with the other parent?

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...

Can I change the parenting plan?

Yes, Florida law does allow for a modification of the parenting plan if there has been an unanticipated and substantial change in circumstances. Ad...

How do I establish paternity in Florida?

Paternity can be established by filing a petition to establish paternity with the court. Additionally, you can add paternity to a child support or...

How do I get custody rights if I pay child support?

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...

Do I need a DNA test to prove paternity?

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...

Will I have to attend a parenting class?

Yes, Florida law requires both parents to attend a parenting class for all divorce and custody cases involving minor children. The course is schedu...

Overview of Child Custody in Florida

In 2008, the Florida legislature made broad changes in laws associated with custody. One of those changes was to eliminate the words “custody,” “cu...

Your Custody Rights vs. The Best Interests of Your Child

1. Physical health of each parent; 2. Mental health of each parent; 3. Religious considerations; 4. Cultural considerations; 5. If the child is old...

What A Judge Will Consider When Deciding on Parental Responsibility

If you and your child’s other parent are unable to reach a mutually acceptable arrangement regarding how parental responsibilities will be shared,...

The Role of Mediation in A Florida Child Custody Case

Mediation for parental responsibilities can allow parents to avoid hostile, stressful or traumatic court battles, allowing both parents to reach a...

What You Need to Know About A Florida Parenting Plan

Florida law requires parents to create a parenting plan which will meet the needs of the individual child. This plan will then be approved by the c...

Other Issues Related to The Granting of Sole Or Shared Parental Responsibility

Some parents wonder whether their decision to remarry will affect their chances for sole parental responsibility. In fact, unless the new spouse co...

Custody Issues Outside of A Divorce

Although most custody issues are in relation to a divorce, there are custody issues associated with paternity, guardianship, juvenile delinquency a...