TAMPA CHILD CUSTODY ATTORNEY
Florida Child Custody and Visitation Lawyer
Most divorces involve children, and the resolution of disputes concerning primary custody, parenting time, or child support can often represent the most difficult part of the case. In most cases, both of the divorcing spouses will retain legal custody of their children, unless there are strong reasons to believe that a child may be harmed by one of the parents. Courts look favorably on parties who encourage a relationship with the other parent. This includes trying to come to a joint decision about the child's upbringing. Florida law requires the judge to decide the case according to the best interests of the children involved.
The law also provides a list of factors that the court must consider in determining a child's best interests with respect to primary physical custody. Gays and lesbians often face unique challenges to their rights as parents—whether adopted children or birth children. In opposite-sex relationships, custody and visitation are often hardest on a father who does not have custody. Grandparents do not have visitation rights under Florida law. However, the courts may make exceptions in some cases, such as when the grandparents have recently provided primary care for the child for an extended period of time, or in cases of physical abuse, substance abuse, or neglect.
KNOW THE LAW, KNOW YOUR RIGHTS!
Florida Statute 61 Dissolution of Marriage; Support; Time-Sharing: as of October 1, 2008, deletes definitions of the terms “custodial parent” or “primary residential parent” and “noncustodial parent” and creates a definition for the terms “parenting plan”, “parenting plan recommendation” and “time-sharing schedule.” This new legislation requires all divorcing couples with a minor child to establish an agreement that ensures the child continues to have frequent and continued contact with both parents once the dissolution of marriage is final. Visitation with each parent is now put into a time-sharing schedule, or a parenting plan.
Parenting Plans & Time-Sharing Schedules in Tampa, Florida
Parenting Plans now address a wide variety of issues like visitation rights, and allocation of decision-making in matters including education, health care and religion. Florida law presumes that a child’s best interests are served by regular and meaningful contact with both parents after a divorce, and provides that in most cases, a regular time-sharing schedule of overnight visits with the noncustodial parent will be incorporated into the divorce decree. When determining the physical custody of the child, it is important to consider the school or daycare schedule, parents’ work schedules, time between parents’ primary residences, and proposed visitation schedule. If the parents cannot agree on a visitation schedule, The Law Office of Mark G. Rodriguez with work with you to resolve it in court if needed.
We strive to keep both parents involved with the upbringing of their children, aiming to minimize the negative impact of the divorce on them as much as possible. If you need advice about your rights and responsibilities with respect to any divorce issue involving children, contact us today for a free consultation and complete review of your case.