Tampa Child Custody Lawyer

Protect Your Child's Best Interests & Your Parental Rights

One of the most emotional and contentious issues in a divorce is child custody. The children’s welfare is the most important part of any divorce, and we only want the best for your children.

At Givens Law Group, our child custody lawyers in Tampa, FL, are fully dedicated to helping parents transition from married to single life. We understand that your children’s well-being is crucial to you. We will stand by you throughout your divorce to help give you peace of mind that your children will be cared for in the manner that you feel is appropriate.

If you have questions or concerns about your custody situation, contact our Tampa child custody attorneys at Givens Law Group today at (813) 328-6159 or by contacting us online.

What is Child Custody?

Child custody refers to the legal and practical relationship between a parent and their child. It determines who has the right and responsibility to make decisions about a child’s upbringing and where the child will live. Custody is not just about physical care—it also includes legal decision-making authority over education, healthcare, religion, and general welfare.

In Florida, child custody is generally divided into two main categories: legal custody and physical custody. Understanding the distinctions between these types is essential when pursuing custody arrangements or modifying existing ones.

Different Types of Child Custody

Legal Custody

Legal custody refers to the right to make major decisions about a child’s life. Parents with legal custody can make choices regarding their child’s education, healthcare, religion, and general welfare.

• Sole Legal Custody: One parent has full decision-making authority.
• Shared Legal Custody: Both parents share decision-making responsibilities, even if the child primarily lives with one parent.

Physical Custody

Physical custody determines where the child lives and how time is shared between parents.

• Sole Physical Custody: The child lives primarily with one parent, while the other may have visitation rights.
• Shared Physical Custody: The child splits time between both parents, ideally maintaining strong relationships with each.

Visitation Rights

Even if a parent does not have physical custody, Florida courts typically grant visitation rights to maintain a meaningful relationship between the child and both parents. Visitation can be scheduled, supervised, or flexible depending on the circumstances.

Florida Child Custody Laws

Florida courts prioritize the best interests of the child when determining custody arrangements. The law encourages both parents to maintain a meaningful relationship with their children whenever possible.

The main points under Florida law include:

• Both parents are presumed to be fit and capable unless proven otherwise.
• Courts consider factors such as the child’s age, health, emotional ties, parental responsibilities, and stability of each parent’s home.
• Shared parental responsibility is often preferred, even if one parent has primary physical custody.
• Domestic violence, substance abuse, or neglect can influence custody decisions.

It’s important to note that Florida courts can modify custody orders if a substantial change in circumstances occurs, always focusing on the child’s best interests.

How the Court Determines Child Custody in FL

When custody disputes arise, Florida courts follow a structured process to ensure fair outcomes. Factors the court may consider include:

• Parental Involvement: The extent to which each parent has been involved in daily care and decision-making.
• Child’s Relationship with Parents and Siblings: Maintaining familial bonds is a high priority.
• Child’s Preference: Depending on age and maturity, the child may have input.
• Parental Stability: Each parent’s ability to provide a safe, stable, and supportive home environment.
• Health and Safety: Physical and mental health of the parents, including any history of domestic violence.
• Proximity: The geographic distance between parents, which can impact schooling and visitation.

The court may order mediation or require parenting plans to establish schedules and responsibilities clearly, aiming to reduce conflicts and ensure a cooperative co-parenting arrangement.

Child Custody FAQs

Q: Can custody be modified after the initial order?
A: Yes. Florida law allows modifications if there is a substantial change in circumstances that affects the child’s well-being.

Q: What if the other parent violates custody agreements?
A: Violations can be addressed through the court, potentially resulting in enforcement actions, fines, or adjustments to the custody order.

Q: How long does a custody case take in Florida?
A: The timeline varies depending on complexity, court schedules, and whether the parties reach agreements through mediation. Some cases resolve in months, while others may take longer.

Q: Can grandparents seek custody or visitation?
A: Yes. Florida law allows grandparents to petition for visitation or custody under certain circumstances, particularly if it is in the best interest of the child and the parents are unfit or unable to provide care.

Q: What is a parenting plan, and do I need one?
A: A parenting plan outlines how parents will share responsibilities, including decision-making, visitation schedules, holidays, and communication. Florida courts require a parenting plan in all custody cases, and it must be approved by the judge.

Q: How does relocation affect custody?
A: If a parent wants to move with the child, Florida law requires notice to the other parent and may require court approval. The court considers the impact on the child’s relationship with the non-moving parent.

Q: Can a child choose which parent to live with?
A: Florida courts may consider a child’s preference, especially if the child is 12 or older, but the final decision always prioritizes the child’s best interests rather than simply the child’s wish.

Q: What role does mediation play in custody disputes?
A: Mediation is often required before court hearings. A neutral mediator helps parents negotiate agreements, reducing conflict and promoting cooperative co-parenting.

Q: How are holidays and vacations typically handled?
A: Parenting plans generally specify schedules for holidays, school breaks, and vacations to ensure both parents have meaningful time with the child. These arrangements can be modified if necessary.

Q: What happens in cases of domestic violence or abuse?
A: If there is a history of domestic violence, the court may limit or supervise visitation and prioritize the child’s safety. Evidence of abuse can significantly influence custody decisions.

Q: Do I need a lawyer for child custody cases?
A: While self-representation is possible, an experienced Tampa child custody lawyer ensures your rights are protected, advocates for your interests, and helps navigate Florida’s complex custody laws.

Contact Our Tampa Child Custody Attorney Today

At Givens Law Group, our child custody lawyers in Tampa can help you traverse the complicated arena of divorce. If you are confused about how to approach the custodial aspect of your divorce, you need to speak with a qualified professional who is familiar with Florida child custody laws. Our firm has decades of collective experience, and we work hard to ensure our clients are satisfied and receive the outcome they desire.

Contact a Tampa child custody lawyer at Givens Law Group to discuss your options: (813) 328-6159.