Category Archives: Child Custody
Making Decisions Together: Shared Legal Custody in Florida
If you have joint legal custody of your child, you may be wondering whether or not you have the legal authority to make decisions on your own. It’s important to understand that the Florida courts will award joint custody in the majority of situations. Under the law, there is a rebuttable presumption that joint… Read More »
Understanding the New 50/50 Timesharing Presumption for Child Custody in Florida
One of the things that every divorcing couple has to decide on is a visitation schedule. However, before that, you have to decide how much time each child will spend with each parent. The Florida courts often act on presumptions that represent the default scenario that the court favors. When someone says, “The Florida… Read More »
Contested Florida Custody Case Addresses Fees for Guardian Ad Litem
In contested Florida custody cases, especially those involving allegations of domestic violence, the court will often see fit to appoint a guardian ad litem to the case. The guardian ad litem is an investigator who acts on behalf of the court to determine what is in the child’s best interests. However, these fine folks… Read More »
Can Medical Marijuana Use Be Used Against Me When Determining Child Custody?
Many states have recently passed laws that make recreational marijuana use legal and allow the open sale of marijuana through legitimate dispensaries. Florida is not among those states. Marijuana is only legal with a valid prescription. Further, marijuana is still considered a Schedule I substance under the Controlled Substances Act, a piece of federal… Read More »
Florida Courts Prefer Equal Timesharing Arrangements
Florida Statute §61.13 discusses timesharing arrangements for divorced parents with minor children. Every parent who is going through a divorce should understand the provisions set forth under this statute. Section 61.13 plays a crucial role in determining time-sharing relationships for minor children. In this article, the Tampa, FL child custody attorneys at Westchase Law,… Read More »
Allegations of Alcohol and Drug Abuse in a Florida Custody Case
Under recent changes to Florida’s rules, parents are allotted 50/50 timesharing as the default arrangement ordered by the courts. However, the Florida courts also use a “best interests of the child” standard to deviate from the default presumption when it is appropriate. If one parent is determined to be unfit, they may have limited… Read More »
Child Custody Disputes and Your Tampa Divorce
It sometimes happens that one spouse in a divorce makes allegations against the other spouse related to their conduct toward the children. It also happens that one spouse uses custody as a means of hurting the other parent. In these cases, you want to be very careful about how you proceed. The court will… Read More »
Do I Need Permission to Move More than 50 Miles if I am a Custodial Parent?
The State of Florida has a relocation statute that is found in Florida Statutes § 61.13001. To answer the question bluntly, the answer is “yes”. You must file a petition to relocate if you plan on moving more than 50 miles away from your current address and you have a minor child. If you… Read More »
Child Custody Rules in Florida Level the Playing Field Between Moms and Dads
Prior to 2008, the term “custody” was often used to decide which parent would have decision-making power over the child. Today, Florida operates under a different doctrine. Prior, Florida operated under the “tender years doctrine” which favored the mother in child custody arrangements. Today, the court uses the “best interests of the child doctrine”… Read More »
What Is Temporary Emergency Child Custody?
Sometimes, a child is not safe with their current parent/guardian. During situations of this sort, temporary emergency child custody is both a valid option and a necessary one. What Is Temporary Emergency Child Custody? Temporary emergency child custody is a court order that Florida judges can grant if there is sufficient evidence to suggest… Read More »