Child Custody & Visitation - Florida Divorce Source

Recent Article List

From Custody to Time-Sharing - The Evolution of Florida’s Laws Concerning Children and Divorce by Robert L. Peters, Jr., Esq.

Over the past few years, Florida’s laws concerning custody of minor children following a divorce have evolved significantly. Florida Statute 61.13(2)(c)(1) provides that it is the public policy of the state of Florida for children under the age of 18 to have “frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved.”

You Can’t Split the Baby, But You Can Split the Holidays by Robin Roshkind, Esq.

Divorcing or divorced couples with children often have the dilemma of how to handle the issue of two parents, kids and the holidays. The court does not care about the needs of the parents. Rather, the focus is on the children and what is in the children’s best interests.

Military Divorce Child Custody & Child Relocation by Christian Denmon, Esq.

All child custody cases deal with issues such as time-sharing and child support, whether the case is a civilian or a military one.

Paternity by Donald G. Criscuolo, Esq.

A paternity action seeks a legal declaration as to who the Father of a child is. It is sometimes necessary if the parents of a child are not married. In such an action, once the court adjudicates who the father is (there is never a dispute as to who the mother is) the court will then adjudicate issues of timesharing and support.

Visitation by Donald G. Criscuolo, Esq.

Visitation is an outdated term. It is now called "timesharing" and is a major component of any Parenting Plan. A schedule is created either by agreement of the parties or court order after a trial.

Relocation by Donald G. Criscuolo, Esq.

Perhaps no other area of family law is more emotionally charged and difficult to deal with than the issue of relocation with the children after a divorce. When negotiating timesharing, a compromise can be struck for a little more time or a little less time without much difficulty.

Grandparents’ Rights by Donald G. Criscuolo, Esq.

Grandparents’ rights to visit and contact their grandchildren are provided for by Florida law. However, it is very important to know that the Florida Supreme Court and the United States Supreme Court have explained that such laws represent an unconstitutional invasion of the parents’ rights to raise their own child.

Child Custody by Donald G. Criscuolo, Esq.

Your children are the most important and vulnerable members of your family. It is of the utmost importance that they be fully protected emotionally and financially during the divorce process. The term "custody" is no longer in use.

When a Surety Bond is Posted in a Florida Child Custody Case? by Stann W. Givens, Esq.

We previously discussed in this space that, under Florida law, the court can order one or both parties to a child time-sharing plan to post a surety bond.

How is a Child Custody Determination From Another Country Treated in Florida? by Stann W. Givens, Esq.

Previously in this space we discussed the fact that Florida and the other 49 states each passed the Uniform Child Custody and Jurisdiction Act to promote mutual respect for child custody determinations from one state to the next.

Powers and Authority of a Guardian Ad Litem in a Florida Divorce by Stann W. Givens, Esq.

In a Florida divorce or paternity proceeding, the best Tampa child custody lawyers often use guardians ad litem for the benefit of the children. A guardian ad litem should not act as an attorney or advocate for the child, but rather as next friend of the child in seeking the child’s best interests.

What Are the Qualifications to be a Florida Guardian Ad Litem? by Stann W. Givens, Esq.

The court system uses guardians ad litem to assist in cases involving children. In order to be appointed by the court to perform this task, you must meet one of three qualifications.

Will a Florida Child Custody Order be Followed by Other States? by Stann W. Givens, Esq.

A Florida child custody determination deals with the details of who is physically and legally responsible for the child and what timesharing rights other parties may have.

Removal of a Child from the State in a Florida Child Custody Case by Stann W. Givens, Esq.

In a Florida child custody case, if the court sets a parenting plan designating timesharing rights for each parent and there is a reasonable and foreseeable risk that one parent may violate this plan or remove the child from the state or country, the court can take certain measures to ensure that this does not happen.

How Can a Guardian Ad Litem Help in a Florida Divorce? by Stann W. Givens, Esq.

A dispute over child custody in a Florida divorce or paternity case can often become very emotional and divisive. The more animosity there is, the more it hurts the children involved.

Parent Coordinators in Florida Divorces by Stann W. Givens, Esq.

It is often difficult for parents to agree on a timesharing schedule for the children in a Florida divorce. After all, it is difficult to reach agreement on many things as you dissolve your relationship.

Modification of Child Custody/Visitation by Donald G. Criscuolo, Esq.

If minor children are involved in your divorce your case is never really over until they are no longer minors. During the divorce the custody and visitation issues will hopefully be resolved by agreement of if necessary by the judge.

Child Custody in Florida by Donald G. Criscuolo, Esq.

Your children are the most important and vulnerable members of your family. It is of the utmost importance that they be fully protected emotionally and financially during the divorce process.

Winning Child Custody in a Florida Divorce or Paternity Case by Stann W. Givens, Esq.

There was a time in history when the mother of a young child had an absolute right to be the full-time, custodial parent of the child. The father would see the child now and then and would pay child support. The mother made all the decisions regarding the child.

Can I Keep My Foreign Citizen Spouse from Taking Our Child Out of the Country in My Florida Divorce? by Stann W. Givens, Esq.

Suppose your spouse is a citizen of a foreign country and your marriage is not going well. Your child has a U.S. passport and you fear that your spouse will sneak out of the country with the child.

Mental Health Experts in Child Custody Cases by Stann W. Givens, Esq.

There is nothing more important than the welfare of your children. When you are headed for a breakup of your relationship with the children’s other parent, whether it be a divorce or a paternity situation, there are some steps you can take to protect your children.

Can I Just Move Away From Here With My Kids? by Stann W. Givens, Esq.

When a relationship ends and there are children involved, there is quite frequently an urge to take the children and move away from the other parent.

Relocation and Time-Sharing by Charles E. Willmott, Esq.

Unfortunately, many of us are related to or have friends who are divorced. Divorce brings about a restructuring of families in which parents have to continue to cooperate and communicate long after the dissolution of the marriage.

Recent Child Custody Blog Posts

All Child Custody Blog Posts