Category Archives: Child Custody
Contested Custody and Relocation Under Florida Law
The most difficult type of contested custody cases involves parental relocation with the child. When a parent seeks to relocate a child a great distance from the other parent, the trial court has to weigh their competing claims and determine whether the relocation should proceed. In weighing this evidence, the trial court must make… Read More »
Parental Relocation in Florida: What Tampa Parents Need to Know Before Moving With a Child
Relocation cases are some of the most emotionally charged disputes in Florida family law. When a parent wants to move 50 miles or more from their current residence, they cannot simply pack up and go. Florida law requires a detailed, evidence-based process, and courts scrutinize relocation requests closely, particularly in contested cases. A landmark… Read More »
Wade v. Hirschman: Reining in Custody Modifications in Florida
Custody disputes after divorce can get especially tense when one parent wants to change who the primary residential parent is. In Florida, the courts generally favor keeping things stable. The idea is that once a custody arrangement is in place, it shouldn’t be changed unless there’s a strong reason to do so. That principle… Read More »
Contested Custody & Domestic Violence: How Florida Courts Protect Children in High-Conflict Cases
When custody gets messy in Florida, especially in places like Tampa, allegations of domestic violence tend to carry a lot of weight. Judges don’t take these things lightly. Even just one reported incident, whether it leads to charges or not, can seriously shift how time with the child is divided. A lot of parents… Read More »
When Will the Courts Order a Drug Test During a Florida Custody Case?
In Florida custody cases, the courts prioritize the best interests of the children. When one parent accuses another parent of unfitness, the courts will address the matter in a variety of ways. It is well within the court’s power to order that one parent be drug tested to determine if they’re fit to parent… Read More »
Can Courts Award Custody to Someone Who Isn’t a Parent?
It may sound strange, but the Florida courts have dealt with this question before. In one case, Quiceno v. Bedier, 387 So. 3d 365 (Fla. 3d DCA 2023), the Florida trial court awarded timesharing to a non-parent over the objections of a biological parent. The case was taken up on appeal. In this article,… Read More »
How Does the State of Florida Determine a Parent Is Unfit to Raise Their Child?
The Florida Statutes § 751.05 outlines the process by which a parent may be deemed unfit to raise their children under the laws of Florida. The State of Florida takes the matter very seriously as raising your child is considered a fundamental right under U.S. law. To find a parent unfit, the court must… Read More »
How Do the Florida Courts Address Parental Alienation?
Parental alienation occurs when one parent attempts to undermine the relationship of the children with the other parent. Essentially, they accomplish this by going on a smear campaign and convincing the child that the other parent is evil, cruel, or unfit. While there is no specific Florida law that addresses parental alienation, the courts… Read More »
What is the Difference Between Adoption and Legal Guardianship in Florida?
Guardianship and adoption are two key concepts under Florida law. The major difference between the two involves the fact that adoption is permanent while guardianship is temporary. Adoption permanently transfers all parental rights to the adoptive parents. This severs the legal relationship between the child and their biological parents. On the other hand, guardianship… Read More »
How Can a Florida Parent Regain Visitation Rights After Being Accused of Drug Use
If you’re a Florida parent with a current drug addiction, you may be wondering what you need to do to get your children back in your life. The Florida courts do not look fondly on drug addiction when it comes to children. They generally assume that it’s not in the best interests of the… Read More »