Answering Your Florida Child Custody Questions
The laws regarding child custody in Florida are confusing, especially for those who have never had to deal with a dispute before. If you have a child custody issue, you likely have many questions and getting the right answers will have a direct impact on your case. Below, our Tampa child custody lawyers outline some of the most frequently asked questions about child custody, and the answers to them.
What is a Parenting Agreement?
The most peaceful and amicable way to solve child custody issues is to draft a parenting agreement with your spouse or former spouse. A parenting agreement is a legal document that outlines many different issues, including the time each parent will spend with the child, and where the child will go to school. These agreements are only practical when each parent is reliable and they are likely to follow the agreement. If either party violates any term outlined in the agreement, petitioning the court to enforce the order is not always possible because the document is not an order issued by the court.
Is it Possible to Formalize an Agreement?
Custodial agreements are legal contracts that address different child custody issues. These agreements, unlike parenting agreements, are legally binding. After an agreement has been reached, all parties must sign the contract. You can also formalize child custody issues by petitioning the court and asking a judge to issue an order. When petitioning the court, at least one side has to appear at a court hearing. During that hearing, a judge will make a decision on all child custody issues.
What Happens if You Violate a Child Custody Order?
Any violation of a court order has serious consequences. A judge may place a person in contempt of court for any violation of an order, which is a penalty that could potentially have a jail sentence attached to it. You may also have to pay for your spouse’s legal fees, and you will almost certainly have to pay high fines. Additionally, the judge may also modify the order to make it more favorable for your former spouse.
How Does the Court Decide on Child Custody Issues
There are many factors a judge will take into consideration when making child custody decisions. However, they all revolve around two main factors: the best interests of the child and the fitness of each parent to care for the child. Contrary to what many people think, the child’s preference is not always taken into consideration. Only when a child is of a certain age and maturity, and has good reason for their preference, will a court consider their wishes.
Our Child Custody Lawyer in Tampa Can Answer Your Questions
When going through child custody issues, you will have many questions. Our Tampa child custody lawyer at All Family Law Group, P.A. can answer them. Call us today at 813-672-1900 or reach out to us online to schedule a free consultation and to learn more about how we can help with your legal issue. Se habla Español.