Frequently Asked Questions About Child Custody

Child custody laws and processes can be confusing, frustrating and emotional, particularly when you do not know what to expect. Below are the answers to a few frequently asked questions about child custody in Florida.

  • How is child custody determined in Florida? In Florida, custody is called “time-sharing” and there is a presumption that both parents will have parenting time. Specific decisions about parenting time are based on the best interest of the child.
  • How does parenting time affect child support obligations? Generally, the more time a parent has with a child, the less he or she will pay in child support. However, support is calculated based on a variety of factors, including each parent’s income, the percentage of time-sharing and costs of day care and education.
  • Can I get custody of my child if I have to relocate? That depends on whether you and your ex-spouse agree to the move. If you do, you must file a written agreement with the court that identifies any changes to the parenting schedule and necessary transportation arrangements. If your ex-spouse objects to the move, the court will make a determination based on the child’s best interest.
  • Are courts more likely to award parenting time to a child’s mother rather than the father? The law makes no distinction between mothers and fathers for the purpose of determining parenting time. However, fathers often face biases and social norms that undermine their efforts to secure fair time with their children. The best way to ensure that you are treated fairly by the courts and your former spouse is to retain an attorney with a history of results on behalf of both male and female clients, like Shazia Sparkman.
  • What about custody for same-sex/LBGTQ+ couples? Same-sex couples face a variety of unique challenges in matters of custody and parenting time, though things have gotten a bit simpler with the recent legalization of same-sex marriage. It is essential that you work with a lawyer experienced in same-sex family law who can help ensure that your rights and children are protected.

More Questions About Child Custody? Contact Sparkman Law.

During your free initial telephone consultation, we will gather information about your concerns so Ms. Sparkman can immediately begin developing a strategy for your success. Please call our Tampa, Florida, office at 813-374-2000 or send us an email using our contact form.