Category Archives: Child Custody
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 »
When Can the Florida Courts Involuntarily Revoke My Parental Rights?
In Florida, there is a presumption under the law that joint custody is preferable to sole custody, and 50/50 timesharing of the children is preferable to other arrangements. There are two types of custody: Physical and legal. Physical custody refers to where the child lives. Legal custody refers to the power to make key… Read More »
How Does Child Custody Work if the Two Parents Live in Different States?
Parents who live in different states face a greater challenge than those who reside in the same state. The courts must determine which state has jurisdiction over the case. This could make determining the child’s best interests even more challenging. Westchase Law, P.A. understands how to handle interstate custody cases. Our Tampa, FL, child… Read More »
Who Makes Educational and Healthcare Decisions for the Child After a Divorce?
Child custody is among the most contentious issues raised in a divorce. In Florida, we use the terms parental responsibility to describe custody or legal decision-making power over the child and timesharing to describe the visitation schedule. The term “parental responsibility” describes which parent has the right to make legal decisions on the child’s… Read More »
What is Parental Alienation and How Can It Impact My Child Custody Case?
Parental alienation occurs when one parent attempts to turn the child against the other parent without good reason. It’s important to understand that parental alienation is an intentional act aimed at undermining or damaging the child’s relationship with the parent. Florida is very egalitarian when it comes to child custody matters. Not only does… Read More »