When children are involved, your Tampa divorce and family law attorney will do everything in their power to make custody issues as easy as possible. However, if you and your spouse cannot agree on issues involving your children, the court will be forced to establish custody at its own discretion.
In Hillsborough County, the court in which you filed will maintain the jurisdiction to determine custody even if the child is not present in the state at the time of filing. We all want what’s best for the kids. The court intends to determine all custody declarations with your child’s best interest in mind.
As Tampa divorce attorneys at Denmon Pearlman, we want you to maintain a strong relationship with your child. Our law firm believes it is important that both parents are present in a child’s life unless one parent’s presence is detrimental to the child’s development and/or well-being.
In Florida, both the father and mother are given equal consideration when the court determines primary residence. Your child’s gender and age does not matter. Both parents will be considered equally. Depending on the best interests of your child, you and your ex spouse may be granted shared parental responsibility.
However, we realize that each family is different. Every situation provides unique needs for the children. Whether the primary responsibility falls on one parent or is shared between both will depend on the court’s judgement. Areas of responsibility may include primary residence, education, medical and dental care, and more.
If you’re worried about relocation in the future, there may be some issues to discuss. According to Florida State Statute Chapter 61.13, the parent with primary residence must present justification for moving to a different city or state if the visitation schedule is impacted. Is the move likely to improve the general quality of life for both the residential parent and their child? Has the other parent been allowed visitation and how often were their rights exercised? Are other visitation arrangements possible and feasible for the other parent? While it is possible, the child’s best interest will be considered the first priority.