Tampa Child Custody Attorneys

Compassionate Counsel for Families in Tampa, FL

Our children are the most important parts of our lives. In the uncertainty of divorce, it’s common for parents to feel overwhelmed with stress. While it can be difficult to navigate the emotional and sensitive nature of child custody disputes, pursuing a favorable outcome is essential to ensure your children end up in a living situation that is beneficial and healthy for their unique needs. 

At Robert Sparks Attorneys, our Tampa child custody lawyers have provided high-quality representation to families since 2019. Our firm has decades of collective experience safeguarding the rights of children and parents in Tampa. Whether you’re undergoing a contentious divorce or creating a parenting plan, our attorneys are focused on upholding stability in the lives of you and your loved ones. 

Navigating child custody disputes can be emotional and confusing. Our attorneys provide compassionate representation to help families navigate this stressful time. Contact us online to discuss your case. 

How Does Child Custody Work in a Tampa Divorce?

Child custody is one of the most sensitive issues in any divorce. Deciding who will be responsible for your child’s well-being and safety, as well as where they live and go to school, can have significant repercussions on your child’s future and quality of life. To understand your custodial rights as a co-parent, it’s crucial to understand the different types of child custody.

There are two primary types of child custody in Florida, including: 

• Legal custody: This refers to the responsibility of making important decisions on behalf of your child, such as which school they attend, religious upbringing, medical care, and other key legal decisions. 
• Physical custody: This refers to the physical residence of the child, including where they primarily live and how much time they spend with each parent.

In both scenarios, custody can be sole (awarded to one spouse) or joint (awarded to both spouses). Sole custody refers to one parent having full physical and legal custody of the child, while joint custody allows parents to spend equal time with the child and have an equal say in major decisions regarding the child’s well-being.

Does Florida Law Require a Parenting Plan? 

As of October 2018, Florida law requires couples in child custody cases to create parenting plans. The plan must outline the specific details of the child custody arrangement, including visitation schedules, decision-making processes, and each co-parent’s child-rearing responsibilities.

The parenting plan should include a general outline covering the basic physical and legal roles of each parent. Some key aspects to cover in parenting plans include: 

• Holidays and special events
• The child’s everyday activities and tasks
• The child’s healthcare and medical needs
• The child’s school events and extracurriculars
• Communication between the child and each co-parent

How Do Family Courts Decide Child Custody?

Child custody is unique to every family, and family courts may consider various factors to determine child custody. Some contributing factors include:  

• Any history of domestic violence or child abuse
• The physical and mental health of each parent
• The child’s preferences, if developmentally appropriate
• The quality of the child’s relationship with each parent
• Each parent’s ability to provide a stable and caring environment
• The proximity of the parents’ homes for convenient contact and visitation
• Each parent's ability to work together and maintain a positive co-parenting relationship

When family courts make child custody decisions, the child's best interest is always the top priority. Our firm takes the same approach when handling child custody cases by honoring your child’s well-being at every turn. We aid families in developing effective parenting plans that are not only appropriate for family court, but secure their child’s future by ensuring the child is supported and well cared for. 

Who Can File for Custodial Rights in Tampa?

Florida law allows biological parents, adoptive parents, and legal guardians to petition for custody of a child. Grandparents may also have the right to seek visitation or even temporary custody in certain situations. In some cases, third-party family members or close friends may also petition for custody if they can prove it’s in the child’s best interests. 

Child custody cases can be complex and challenging, not to mention emotional for everyone involved. Seeking sound counsel from a trusted child custody attorney is paramount to protecting your custodial rights and keeping your child safe. Our lawyers understand the legal nuances of child custody cases in Tampa to advise your legal steps with care and compassion during this difficult time. 

Will My Child Have to Testify in Family Court?

Family courts have a strong public policy of protecting children from court proceedings, meaning that children's testimony is generally frowned upon. In most cases, children aren’t allowed in court hearings without explicit permission from the judge. This protects minors from the emotional harm of having to testify against their parents. 

However, exceptions may apply in certain cases, such as if the court determines that a child is developmentally mature enough to express their preference regarding child custody arrangements. Even in these situations, the child will usually speak with the judge alone without lawyers present, safeguarding them from additional trauma. 

Can a Custody Order Be Modified?

Yes, custody orders can be modified, but only if there is a substantial, material, and unforeseen change in circumstances since the original order was established. Examples might include a parent relocating for a job, a significant change in the child’s needs, or evidence of neglect or abuse. The parent requesting the modification must also prove that the change is in the child’s best interest.

Keep in mind that parents can modify a parenting plan without court involvement if they both agree to the changes. However, they must document the new agreement and have it approved by the court to make it legally binding. If one parent later disputes the informal arrangement, the original court-approved plan will be enforced. For this reason, any modifications should be formalized through the court to avoid future conflicts.

Can a Parent Move Out of State with the Child After Custody Has Been Established?

Relocation is a complex issue in Florida custody cases. If a parent wishes to move more than 50 miles away from their current residence for over 60 days, they must obtain written consent from the other parent or seek court approval. The court will assess how the move impacts the child’s relationship with the other parent and whether the move provides a significant benefit to the child, such as better educational opportunities or an improved standard of living. Without approval, relocating can lead to legal consequences and potential changes to custody arrangements.

What Happens If One Parent Violates a Custody Order?

If a parent violates a custody order, the other parent can take legal action to enforce the order. This may involve filing a motion for enforcement with the court. Consequences for violating a custody order in Tampa can include contempt of court charges, fines, or even changes to the custody arrangement. Courts in Florida take custody orders seriously and aim to ensure they are followed to protect the child’s stability and well-being. In some cases, mediation may be required before further legal action is taken.

What Role Does Mediation Play in Resolving Custody Disputes?

Mediation is a common step in Florida custody cases, designed to help parents reach an agreement without going to trial. During mediation, a neutral third party facilitates discussions to resolve disagreements over parenting plans, time-sharing, and other custody matters. In Tampa, mediation is often required before a case proceeds to court. This process can save time, reduce conflict, and allow parents to create a plan that works best for their family. If mediation fails, the court will make custody decisions based on the evidence presented.

Does Domestic Violence Affect Child Custody Decisions?

Domestic violence is a serious issue with substantial implications in child custody decisions. The safety and well-being of the child are top priorities in family court, so any allegations of domestic violence are taken extremely seriously. If your family has a history of domestic violence or abuse, this will likely impact the court’s decision regarding visitation and custody. 

In cases where one parent has a history of domestic violence, the court may award sole custody to the other parent or limit visitation rights for the offending parent to ensure the child isn’t placed in a potentially dangerous situation. At Robert Sparks Attorneys, our attorneys are well-versed in the legal intricacies of domestic violence cases and restraining orders. We understand the sensitive nature of these cases and provide diligent advocacy to protect children and their parents from further harm.

Compassionate Advocacy for Tampa Families

When your family and future are on the line, don’t forgo your right to legal representation. Our family lawyers can alleviate stress by working diligently to achieve a favorable outcome in your case. We understand how volatile this time can be for kids and adults alike, which is why our advocates are committed to providing compassionate advocacy in life’s toughest seasons. As experienced trial attorneys, we never shy away from tough litigation if that’s what it takes to obtain a fair outcome. With decades of combined experience and a proven track record of results in family law, you can trust our firm to safeguard your rights from start to finish.

From parental relocation to parenting plan modifications, our Tampa child custody lawyers can guide your steps wisely in family court. Call (813) 710-4816 to schedule a  consultation.