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  • Parental Rights/Visitation

    • What Are Parental Rights in Tampa & How Are They Determined?

      Parental rights in Tampa encompass the legal responsibilities and privileges parents have regarding their children. These rights include decision-making authority on key aspects of a child's life, such as healthcare, education, and religious upbringing. The courts in Tampa prioritize the child's best interests when determining parental rights, often encouraging shared parental responsibility to ensure both parents have involvement in their child’s life.

    • How Does Tampa Law Define Time-Sharing?
      Time-sharing in Tampa is defined by specific schedules and arrangements that dictate the amount and nature of time each parent spends with their child. Florida laws favor an equitable division of time, advocating for arrangements that support the child’s emotional and developmental needs. Parents are encouraged to work collaboratively to establish a time-sharing schedule, but if disputes arise, the court will intervene to establish a fair and reasonable plan.
    • Can Parental Rights Be Terminated in Tampa?

      Yes, parental rights can be terminated in Tampa under certain circumstances, though this is legally complex and often involves severe cases such as abuse or neglect. Termination of parental rights is permanent and removes both legal rights and obligations. This process usually requires conclusive evidence and is subject to strict legal scrutiny to protect all parties involved. Our team at Sessums Law Group, P.A. can help navigate these delicate cases with care and precision.

    • What are parental visitation rights?

      Parental visitation rights refer to a parent's legal ability to spend time with their child, as determined by a court order or parenting plan. These rights typically apply in cases where parents are divorced, separated, or otherwise living apart, ensuring that both parents maintain a meaningful relationship with their child.

    • How are visitation schedules determined in Tampa?

      Visitation schedules are typically arranged during the creation of a parenting plan, which is approved by the court. Factors considered include the child’s best interests, school schedule, the parents’ work commitments, and the distance between their residences. Florida law encourages arrangements that allow both parents to remain actively involved in their child's life.

    • Can visitation schedules be modified?

      Yes, visitation schedules can be modified if there’s a significant change in circumstances. Common reasons include changes in a parent's work schedule, relocation, or evolving needs of the child. To modify an agreement, you’ll need to petition the court and demonstrate that the adjustment is in the best interest of the child.

    • What happens if one parent violates a visitation agreement?

      If a parent violates the terms of a visitation agreement, the other parent can petition the court for enforcement. Florida courts take violations seriously and may impose penalties, including makeup visitation time, fines, or, in extreme cases, modifications to the parenting plan.

    • How can disputes over parental rights and visitation be resolved?

      Disputes may be resolved through mediation, where parents work with a neutral third party to reach an agreement. If mediation fails, the court will decide based on the child’s best interests. Having a skilled attorney by your side is crucial to presenting a strong case and finding the best resolution for your family.

    • Can visitation be denied in certain circumstances?

      Visitation can only be denied or restricted if the court determines that spending time with a particular parent poses a risk to the child's well-being. This may involve cases of abuse, neglect, or other unsafe behaviors. Even then, courts often consider supervised visitation options to maintain the parent-child relationship.

    • What are parental responsibilities in Florida child custody cases?

      Florida law emphasizes shared parental responsibility, meaning both parents are typically expected to collaborate on major decisions regarding education, healthcare, and the child's upbringing. However, in some cases, one parent may be given sole decision-making authority if it’s determined that shared responsibility is not in the child’s best interest.

    • What is the role of an attorney in visitation and parental rights cases?

      An attorney can provide support at every stage, from negotiating parenting plans to advocating for your rights in court. They’ll ensure your voice is heard, help you understand laws specific to Florida, and work tirelessly to protect your parental rights and the best interests of your child.

    • What should I do if my co-parent and I disagree on a parenting plan?

      If you and your co-parent cannot agree on a parenting plan, the court will step in to decide. The court evaluates factors such as each parent’s involvement in the child’s life, the child’s relationship with each parent, and overall stability. Your attorney can advocate for your desired arrangements during these proceedings.

    • How do Florida courts determine the child's best interests?

      Florida courts consider multiple factors to determine a child’s best interests, including the child’s age, emotional and physical needs, each parent’s ability to provide a stable environment, and the existing parent-child relationship. Courts strive to establish arrangements that promote the child’s well-being.

    • What if one parent plans to move out of Tampa or Florida?

      If a parent wishes to relocate more than 50 miles away, they must seek court approval. The moving parent must prove that the relocation is in the child’s best interest and provide a proposed revised visitation schedule. The court considers factors like educational opportunities, family connections, and the impact on the non-relocating parent’s relationship with the child.

    • Can I develop a visitation agreement without going to court?

      Yes, many parents reach an agreement through private discussion or mediation, allowing them to avoid litigation. However, it’s still important to have the arrangement reviewed and approved by the court to ensure it’s legally binding and enforceable.

      If you need assistance navigating visitation and parental rights in Tampa, consulting an experienced attorney can make all the difference. They will guide you through the process and work to achieve the best possible outcome for you and your family.

  • Mediation

    • Who Can Benefit from Family Mediation?

      Anyone can benefit from mediation. It allows the parties to decide the outcome of their case, since they are decision makers in mediation. It also allows the parties to stay in control of their lives, rather than having someone else make decisions for them (such as a judge).

    • Is Mediation a Mandatory Process?

      No, mediation is a voluntary process.

    • What to Expect During Your Mediation Session?

      You can expect to be in private, separate conference rooms or offices that incorporate calming elements to help create a collaborative environment utilizing technology when appropriate. Mediation sessions are a minimum of 2 hours long but can be scheduled in advance for as long as the parties expect they will need to come to a resolution.

    • What Does a Mediator Do?

      A mediator is a neutral party and does not represent either you or the other party in your case. The role of a mediator is to help identify issues to be resolved, explore options for resolving those issues, reduce obstacles of communication between the parties, and assist them in reaching a mutual agreement. The mediator cannot give either party legal advice.

    • Do I Need an Attorney for Mediation?
      You may attend mediation without an attorney. You may also attend mediation before you have filed with the court. You may resolve all of your issues without the need to go to court or hire an attorney, depending on the issues in your case. You may also attend mediation if one party has an attorney and the other does not.
    • What Are the Advantages Mediation for Family Law Matters?

      One of the primary benefits of family mediation is the ability for parties to maintain control over the outcome of their case, rather than leaving decisions in the hands of a judge. This process fosters open communication and collaboration, allowing individuals to express their needs and concerns in a supportive environment. Additionally, mediation is often more cost-effective and time-efficient compared to traditional litigation, which can be lengthy and expensive. By opting for mediation, families can work towards amicable solutions that prioritize their unique circumstances and relationships.

    • What qualifications does a mediator have?

      A mediator has been certified by the Florida Supreme Court and is required to participate in continuing mediation education every year. A mediator must take classes and have experience mediating before they will be certified. In addition, Sessums Law Group mediators are also licensed and experienced family law attorneys who represent clients in court in addition to handling mediations.

    • What points/topics are discussed in mediation?
      The points/topics discussed at Sessums Law Group mediations are focused on family law matters that can range from dissolution of marriage with or without children, paternity, enforcement of Court Orders/Judgments, child custody, child support, spousal support, temporary relief issues, modification and other family-related topics.
    • How can I prepare for a mediation?
      To prepare for mediation, you should think through all the issues in your case. You should consider what evidence you have and what evidence the other party has that a court might consider. You should think about what issues are most important to you, and what areas you may be willing to compromise. Most importantly, you should prepare yourself for open communication and flexibility as you will be working together with the mediator and the other party to resolve the issues involved in your case.
    • Can I bring someone with me to a mediation?
      Only parties and their attorneys are permitted to attend a mediation, except in limited special circumstances.
    • Is a mediation confidential?

      Yes. Everything said and learned in the context of mediation is confidential. If you reach an agreement, only the signed agreement will be filed with the court. Any other documents, notes, or other information remains confidential. Everything you tell the mediator is confidential and everything the other party tells the mediator is confidential. You may not tell anyone else what you learned from or about the other party during mediation.

    • How can mediation save cost in family law disputes?

      Mediation saves on cost because it is an effective way of settling disputes without the necessity of extensive litigation.

    • What happens if we do not come to an agreement?

      If you do not come to an agreement at mediation, your case will continue in the court system and will be set for hearing in front of a judge. The judge will then decide what happens.

    • What if we do reach an agreement during the mediation?

      If you reach an agreement during mediation, we will put the agreement in writing and both parties will sign the agreement. Then, the mediator will notify the court of the agreement and file a copy of the agreement with the court. The next steps and whether you will still need a brief hearing will depend on what the issues are in your case, and whether you came to a full agreement (resolved all your issues) or a partial agreement (resolved some issues but left some for the court to resolve).

    • Is Mediation Legally Binding?

      Yes, agreements reached through mediation can become legally binding once both parties and the court approve them. In Tampa, mediated agreements are typically submitted to Hillsborough County courts for approval. Once agreements are reached, we assist in drafting detailed and legally sound documents that reflect the decisions made during mediation. Our meticulous process ensures that all aspects of the agreement are clear and enforceable under Florida law, minimizing the potential for future disputes or modifications.

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