Category Archives: Child Custody
Can Medical Marijuana Use Be Used Against Me When Determining Child Custody?
Many states have recently passed laws that make recreational marijuana use legal and allow the open sale of marijuana through legitimate dispensaries. Florida is not among those states. Marijuana is only legal with a valid prescription. Further, marijuana is still considered a Schedule I substance under the Controlled Substances Act, a piece of federal… Read More »
Florida Courts Prefer Equal Timesharing Arrangements
Florida Statute §61.13 discusses timesharing arrangements for divorced parents with minor children. Every parent who is going through a divorce should understand the provisions set forth under this statute. Section 61.13 plays a crucial role in determining time-sharing relationships for minor children. In this article, the Tampa, FL child custody attorneys at Westchase Law,… Read More »
Allegations of Alcohol and Drug Abuse in a Florida Custody Case
Under recent changes to Florida’s rules, parents are allotted 50/50 timesharing as the default arrangement ordered by the courts. However, the Florida courts also use a “best interests of the child” standard to deviate from the default presumption when it is appropriate. If one parent is determined to be unfit, they may have limited… Read More »
Child Custody Disputes and Your Tampa Divorce
It sometimes happens that one spouse in a divorce makes allegations against the other spouse related to their conduct toward the children. It also happens that one spouse uses custody as a means of hurting the other parent. In these cases, you want to be very careful about how you proceed. The court will… Read More »
Do I Need Permission to Move More than 50 Miles if I am a Custodial Parent?
The State of Florida has a relocation statute that is found in Florida Statutes § 61.13001. To answer the question bluntly, the answer is “yes”. You must file a petition to relocate if you plan on moving more than 50 miles away from your current address and you have a minor child. If you… Read More »
Child Custody Rules in Florida Level the Playing Field Between Moms and Dads
Prior to 2008, the term “custody” was often used to decide which parent would have decision-making power over the child. Today, Florida operates under a different doctrine. Prior, Florida operated under the “tender years doctrine” which favored the mother in child custody arrangements. Today, the court uses the “best interests of the child doctrine”… Read More »
What Is Temporary Emergency Child Custody?
Sometimes, a child is not safe with their current parent/guardian. During situations of this sort, temporary emergency child custody is both a valid option and a necessary one. What Is Temporary Emergency Child Custody? Temporary emergency child custody is a court order that Florida judges can grant if there is sufficient evidence to suggest… Read More »
What Is The Difference Between Physical Custody And Legal Custody?
Within the state of Florida, there are two types of custody that divorcing parents must be aware of. By being aware of these two types of custody, obtaining the appropriate form of custody is much easier. What Is Physical Custody? Physical custody is a term that refers to where a child lives and who… Read More »
What Is Temporary Custody?
Within the state of Florida, the biological parents will, in almost all cases, maintain full custody of their child. This remains the case throughout that child’s journey from childhood to adulthood. Sometimes, though, a situation arises in which full-custody is either not possible or inadvisable. When this happens, temporary custody is worth considering.. What… Read More »
Dealing with Changes to Custody and Visitation Arrangements Caused by COVID-19
Divorced parents are accustomed to raising children amidst changing circumstances, but the COVID-19 pandemic has introduced challenges that many of us have never seen before. Stay at home orders have imposed strict limits on the way we live and complicated many custody and visitation arrangements. We cannot be sure when daily life will more… Read More »