Child Custody Lawyers in Tampa, FL
Disputes over where a child lives, how parents share time, and who makes major decisions can make the negotiation of a divorce settlement contentious. Since 2008, we’ve helped parents navigate these family-law disputes. We bring personal compassion to what is often a stressful situation, along with an understanding of Florida law governing parenting plans, parental responsibility, and time-sharing.
Talk with our Tampa child custody attorneys about your parenting plan, time-sharing, or parental responsibility concerns. Call (813) 212-8330 or book your consultation online.
How Does Child Custody Work in Florida?
Florida addresses child custody through parental responsibility, parenting plans, and time-sharing. Parental responsibility concerns who makes major decisions for a child, while time-sharing addresses when the child spends time with each parent.
Parental Responsibility & Time-Sharing
Florida parenting plans generally address these two areas:
- Parental responsibility: How parents will make decisions about education, health care, and other important aspects of a child’s upbringing.
- Time-sharing: The child’s residential schedule, including where the child will be on weekdays, weekends, holidays, and school breaks.
Florida courts may order different parenting arrangements, including:
- Shared parental responsibility with a time-sharing schedule
- Sole parental responsibility for one parent when appropriate
- Ultimate decision-making authority for one parent on a particular issue
Florida law includes a rebuttable presumption that equal time-sharing is in a child’s best interests unless the parents agree to another schedule or evidence overcomes that presumption. Equal time-sharing isn’t automatic, however. If a child custody matter can’t be resolved through negotiation or mediation and goes to court, the decision depends on the facts of the individual family and Florida’s best-interests factors.
Creating & Modifying a Parenting Plan
When parents create a parenting plan, the court will look for clear provisions about weekday and weekend time-sharing, holidays, school breaks, transportation responsibilities, and how major decisions will be made. A written plan should also account for exchanges, school responsibilities, communication between households, travel, and extracurricular activities. Working with our child custody attorneys allows you to address these practical issues before they become disputes.
Parents should also understand that parenting plans aren’t frozen forever. If there is a substantial and material change in circumstances, the court can be asked to modify parental responsibility or time-sharing if the requested change serves the child’s best interests. Our Tampa child custody attorneys can evaluate whether your situation meets Florida’s legal standard for modification and gather evidence for a clear, well-supported request to family court.
Key Factors Courts Evaluate for Child Custody Decisions
In child custody disputes, Florida courts determine parenting arrangements according to the child’s best interests. The court evaluates the particular circumstances of the child and family rather than applying a one-size-fits-all schedule.
The following are common factors courts may consider when assessing a child’s best interests:
- Child’s wishes: Depending on the child’s age, maturity, and understanding, the court may consider a reasonable preference.
- Safety and protection: The court considers physical and emotional safety, including evidence of domestic violence, abuse, abandonment, neglect, or substance-related concerns.
- Parenting history: The court may evaluate each parent’s past involvement in the child’s life and ability to meet daily needs.
- Stability and continuity: Courts may consider the child’s school, community, home environment, and established relationships.
- Parental fitness: The mental and physical health, moral fitness, and parenting capacity of each parent may be relevant.
- Co-parenting ability: The court considers each parent’s willingness and ability to support the child’s relationship with the other parent and follow the parenting plan.
- Sibling relationships: The court may consider the importance of maintaining sibling relationships.
- Special needs or considerations: Medical, educational, and developmental needs can affect parental responsibility and time-sharing decisions.
- Geographic practicality: The proximity of each parent’s residence to the child’s school, activities, and support network may be a factor.
- Financial considerations: Financial stability may be considered along with each parent’s ability to provide for the child’s material needs.
Parents and their Tampa child custody attorneys often try to negotiate a parenting plan that defines each parent’s responsibilities and time-sharing schedule. When they can’t agree, the court decides.
In a contested case before a Florida family law court, such as the Thirteenth Judicial Circuit in Hillsborough County, both parents must connect their evidence to the statutory factors. Parenting records, communications, school information, health records, testimony, and input from professionals may all be relevant.
Child Support Considerations in Tampa Custody Cases
Questions about child custody are usually tied closely to questions about child support because Florida law expects both parents to contribute to a child’s financial needs. In Tampa and the rest of Hillsborough County, child support is generally calculated using state guidelines that look at each parent’s income, the number of overnights in the time-sharing schedule, and the child’s specific expenses. Equal time-sharing doesn’t automatically eliminate child support. Understanding how these pieces fit together can help you make informed choices about proposed parenting plans and avoid surprises when a support order is entered.
Parents often want to know whether they can agree to a support amount that differs from the guideline amount or how day care, health insurance, and extracurricular activities will be divided. Florida courts can approve reasonable deviations from the guidelines when there is a clear, documented reason that still accounts for the child’s needs. Our attorneys can walk you through the guidelines, explain when a deviation might be appropriate, and help you gather pay records, tax returns, insurance costs, child-care expenses, and other financial information the court may require.
Child support orders can also be revisited if circumstances change in a significant way, such as a substantial change in income, a shift in the time-sharing schedule, or new medical or educational needs for the child. In those situations, we work with clients to determine whether a modification request may meet Florida’s legal standard and to prepare documentation for the appropriate family court. We also explain how the proposed change could affect household budgets and children’s day-to-day routines.
Meet Our Team
Attorneys Uniquely Qualified to Assist You
Triple Board Certified
Florida's Only Attorney with All Three Certifications
Mark A. Sessums is the only lawyer in Florida who is Board Certified in all three areas
-
Florida BarMarital & Family LawBoard Certified Since 1997
-
Florida BarCivil Trial LawBoard Certified Since 2010
-
National Board of Trial AdvocacyTrial AdvocacyBoard Certified in 2015
Our Settlements & Verdicts
Sessums Law Group, P.A. Attorneys Take Pride in Delivering Exceptional Results for Our Valued Clients
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
-
$6,000,000.00 Recovery Fraud Civil Action
Sessums Law Group, P.A. successfully recovered $6,000,000.00 for a client in a fraud civil action. Prior to the client’s divorce, the client negotiated and executed an agreement with his wife’s boyfriend that sought that the boyfriend would have no contact with the client’s wife.
-
$2,740,000.00 Wrongful Death Hit/Run of Motorcyclist
Representation of the plaintiff hit from behind on his motorcycle by a driver who was allegedly drunk at the time of the accident. Sued the defendant; the bar that the defendant had been drinking and the defendant’s employer.
-
$1,929,000.00 Verdict Real Estate Deficiency
Representation of estate in real estate deficiency claim resulting in joint and several liability verdict against various doctors and chiropractors.
-
$1,000,000.00 Settlement Collision
Representation of estate in an automobile and tractor trailer collision that resulted in multiple deaths.
-
Confidential Settlement Amount Medical Malpractice
Client was burned with a hot pack after delivering her son via Cesarean section.
-
Confidential Settlement Amount Nursing Home Negligence
Representation of the Personal Representative of the Estate of the patient who died due to negligent care while in the care of the nursing home.
-
Confidential Settlement Amount Trolley Accident
Representation of passengers who were enjoying a sight- seeing tour aboard a trolley when the trolley was hit by a bus. The passengers suffered soft tissue injuries.
-
Confidential Settlement Amount Hit & Run
Sessums Law Group was recently successful in settling a case for a hard working Polk County man whose hit and run accident resulted in a need for a knee replacement. The defendant argued that our client had caused the accident. We were able to prove through expert accident reconstruction testimony that the accident happened as our client testified despite the minimal damage involved.
-
Confidential Settlement Stolen Property
Client’s vehicle was burglarized and her engagement and wedding rings stolen. The perpetrator pawned the stolen items to a local pawn shop. The pawn shop ignored the hold order from the police department and sold the engagement and wedding rings. After suit filed for the Plaintiff, a confidential settlement was reached with the pawn shop for the value to our client of her stolen rings.
"Our firm believes in the integrity of the needs of the each client we represent. We are passionate about obtaining the maximum results allowable under the law for each client."
- Mark A. Sessums