When determining child custody in Florida, the main goal of the courts is to keep life as normal as possible for your children. It’s important to find a child custody attorney that will keep your family’s best interest in mind when fighting for what’s most fair to your children.
The last thing you need during a stressful Tampa divorce is to worry about how your children will be affected. At LaFrance Family Law, we help you create the best parenting plan for your family so your kids will be minimally affected.
How long does a child custody case take in Florida?
All child custody cases are different, and there is no set time for how long it could take. However, things tend to go quicker if you hire a child custody lawyer. It’s hard to follow legal jargon and understand Florida laws. Without an attorney, you could be missing important information that will help ensure a fair outcome.
When to File a Motion for Emergency Child Custody
Florida family court takes emergency motions for child custody very seriously. A parent should seek emergency child custody in Florida when the child is in immediate danger under the supervision of the other parent.
Some reasons to file for emergency custody are:
- Domestic violence
- Child custody in the case of death
- Emotional abuse
Child Custody FAQs
The guiding principle for the Judge when deciding custody issues in Tampa, Pinellas, Pasco and the surrounding counties is the “best interests” of the child. If parents are unable to reach an agreement on custody, the court will determine what custody is in the best interests of the child. Another person to assist the court in making a custody determination is a guardian ad litem. This is an individual who acts as the representative of the child. Shannon LaFrance is a Tampa Bay area family law attorney and is also a guardian ad litem.
Florida no longer recognizes the concept of primary and secondary residential parents. The presumption now favors equal time-sharing as being in the child’s best interest. If the parties do not agree to equal time-sharing or the court does not find equal time sharing to be in the best interests of the child, then one parent will have majority time sharing, greater than 50%.
A parent with sole parental responsibility may have to consult with the other parent on a major decision, but if there is a disagreement, the parent with sole parental responsibility makes the final decision.
To obtain sole parental responsibility, the parent seeking this authority must prove to the court that it would be detrimental to the child to have the other parent involved in making a major decision on behalf of the child.
LaFrance Law Services
The best thing you can do to protect yourself when filing for a Contempt and Enforcement of Court order is to work with experienced Tampa family law attorneys. Contact the lawyers at LaFrance Law to schedule an appointment.