During and after your divorce, you must have an arrangement that protects your child’s safety, mental health, and future. Florida courts use a “parenting plan” to layout the default rules that the parties will follow when it comes to dealing with their children. A parenting plan can be agreed upon by the parties or by order of the Court. At Melone Hatley, P.C., our team understands how important it is that your goals are met.
Florida Courts eliminated the concept of “custody” and broke down this idea into two parts. The first part is “parental responsibility” and the second is “time-sharing.” Parental responsibility is the right of each parent to make decisions about their children’s upbringing. Time-sharing is how each parent will spend time with the children.
Our family lawyers in Tampa draw on their extensive legal experience to litigate and negotiate arrangements that serve your child’s best interests. Our Tampa custody lawyers have handled many cases like yours and obtained favorable results for countless families. Count on us to work tirelessly to get the outcome you and your child need.
How Child Custody Is Determined in Tampa, FL
When negotiating a time-sharing agreement or taking a contested custody case to court, work with an attorney with an in-depth understanding of the Florida laws that govern these proceedings.
Our team will use its legal knowledge to effectively navigate the mediation process or a court trial. We will also collect and present all the evidence the court needs to make a decision that serves your child’s best interests.
Here are some of the elements a court will take into account when deciding on your child custody case:
- The parent’s ability to take care of the child
- The parent’s physical health, mental health, and age
- Your child’s age
- If your child is breastfeeding
- Which parent your child prefers to live with
- Your child’s relationships with relatives and other siblings
- How willing you are to support your child’s relationship with their other parent
- Evidence that the parent behaved violently in the past
- Evidence that the parent abused the child
How a Custody Lawyer in Tampa Can Make Your Case Successful
It’s important to note that not all cases go to court. If you and the other parent of your child agree on a time-sharing, you likely won’t have to deal with the legal process.
That said, even if you’re both in agreement about where your child will spend their time, it’s still essential to hire a committed attorney. The Court can set aside parenting plans that it does not believe is in the best interest of the minor children, even if the parties enter into an agreement
A skilled lawyer can ensure both parties are on the same page regarding custody and visitation decisions. An attorney can assist in negotiating resolutions if conflicts arise. If any disputes between you and the other parent come up during the process, your attorney will seek to settle them through the mediation process.
Whether your case is settled prior to trial, through mediation, or during other proceedings, our attorneys will work hard to get a result that meets your child’s needs. Here’s what our Tampa child support attorneys will do to help:
- Help you complete your paperwork and file it correctly
- Determine how much support you should pay or receive
- Provide information on custody scenarios and your legal options
- Negotiate with the other party’s lawyer to reach a fair agreement
- Represent you throughout the mediation process
- Provide careful and effective legal support so you can avoid common divorce case mistakes
- Fight for you and your child’s best interests in court
Our firm takes pride in protecting your family, your finances, and your future. Count on us to take the actions mentioned above and guide you through your case from start to finish. We’ll fight for a positive outcome and do everything we can to protect your child during your divorce.
Types of Parental Responsibility Arrangements Our Attorneys Can Pursue
There are several types of parental responsibility arrangements that our Tampa attorneys can help you pursue. Familiarizing yourself with these types of custody can help you understand the difference between legal custody and physical custody.
A parental responsibility arrangement sets out rules regarding which parent will make major life decisions for the child. Parenting plans determine where the child will spend their time. Depending on your circumstances, our team can help you negotiate one or more of the following forms of parental responsibility:
Shared parental Responsibility
In July 2023, the Florida legislature articulated that it is the public policy of this state that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing.
Prior to this the statutory language stated that, “There is no presumption for or against the father or mother of the child or for or against any specific time-sharing schedule when creating or modifying the parenting plan of the child.”
Sole legal custody gives you or the other parent the authority to make decisions about your child’s education, healthcare, religious upbringing, and other major aspects of their life. While the other parent may still be granted visitation rights or parenting time, they won’t have the legal right to make significant decisions for your child.
Sole Parental Responsibility
“Sole parental responsibility” means a court-ordered relationship in which one parent makes decisions regarding the minor child.
The court shall order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child. The following evidence creates a rebuttable presumption that shared responsibility is detrimental to the child.
Some of the things that the Court can consider is evidence that a parent has been convicted of a misdemeanor of the first degree or higher involving domestic violence, a parent is incarcerated and either the period of time for which the parent is expected to be incarcerated will constitute a significant portion of the child’s minority, or is a violent career criminal, sexual predator, a habitual felony offender, or committed a number of enumerated offenses; or court determines by clear and convincing evidence that continuing the parental relationship with the incarcerated parent would be harmful to the child and, for this reason, that termination of the parental rights of the incarcerated parent is in the best interest of the child.
Even if one parent is given sole parental responsibility, the Court may still provide time-sharing for the other parent if the time-sharing is in the best interest of the minor children.
Ultimate Decision Making Authority
In ordering shared parental responsibility, the court will consider the expressed desires of the parents. In doing so, it may grant to one party the ultimate responsibility over specific aspects of the child’s welfare or may divide those responsibilities between the parties. Any decision that the Court makes will be based on the best interests of the child. Areas of responsibility may include education, health care, and any other responsibilities that the court finds unique to a particular family.
The difference between ultimate responsibility and sole parental responsibility is that ultimate responsibility requires the parents to confer and cooperate in an attempt to reach a joint decision. The latter requires no such communication. With ultimate decision making, if a joint decision cannot be reached, one parent has the “final word.” In sole parental responsibility, the parents do not need to make the effort to attempt to reach a joint decision.
Tampa Custody
Lawyer Near Me
Schedule a Free Consultation With a Tampa Custody Attorney
Negotiating a fair and reasonable parenting arrangement is difficult, especially if you and the other parent disagree on who should spend time with and make major life decisions for your child. The good news is that the team at Melone Hatley, P.C., will work hard to reach an agreement that suits your circumstances and serves your child’s best interests.
Contact us today to schedule a free consultation with a Tampa custody lawyer. An experienced attorney from our team will meet with you to discuss your situation and explain your legal options. They’ll answer your questions and provide the representation you need to reach an appropriate child custody arrangement.