Child Custody

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 When family conflict disrupts your relationship with your children, the stakes feel impossibly high. A Tampa child custody lawyer helps you navigate Florida's complex time-sharing laws while fighting for meaningful involvement in your child's life. Parents throughout Hillsborough County face these difficult situations every day, and understanding your rights under Florida law marks the first step toward protecting your family's future.

Florida no longer uses the term "custody" in the legal sense. Instead, state law focuses on time-sharing arrangements and parental responsibility. This distinction matters because it reflects Florida's policy that children benefit from continuing relationships with both parents after separation or divorce. Working with an attorney who understands these nuances and the local procedures at the 13th Judicial Circuit helps you approach your case with clarity and confidence.

Finding the right legal representation during a custody dispute means finding someone who understands both the law and your family's unique circumstances. Anton Garcia Law brings deep roots to Tampa family law, with founder Christina Anton Garcia being a fourth-generation Tampa native who knows this community intimately.

The firm has earned recognition from Super Lawyers from 2021 through 2025, along with AV Preeminent rating, Tampa Magazine Top Lawyer designation, and Florida Trend Legal Elite status. These honors reflect the consistent quality of representation that Tampa families have experienced over the years.

Located in South Tampa at 106 S Tampania Ave, the office provides convenient access for families throughout Hillsborough, Pinellas, and Pasco counties. Whether you live in Brandon, Carrollwood, or near the Westchase area, the firm handles cases across the entire Tampa Bay region.

At Anton Garcia Law, you work directly with your attorney rather than being passed to paralegals or assistants. This direct communication means your questions get answered promptly and your concerns reach someone with the authority to address them. Call 813-907-9807 to discuss your situation.

Florida's approach to child custody centers on the concept of time-sharing rather than traditional custody arrangements. Under Florida Statute § 61.13, courts determine how children divide their time between parents based on the best interests of the child.

Effective July 1, 2023, Florida law creates a rebuttable presumption that equal time-sharing is in the best interests of the minor child. This represents a significant shift in how courts approach custody matters. To overcome this presumption, a party must prove by a preponderance of the evidence that equal time-sharing is not in the best interests of the minor child.

The 50/50 presumption does not guarantee every parent receives equal time. Courts still evaluate each family's specific circumstances. If evidence demonstrates that equal time-sharing would not serve your child's welfare, judges may order different arrangements. Factors like work schedules, geographic distance, and each parent's involvement in the child's life all influence the outcome.

Many parents confuse these two distinct concepts. Parental responsibility refers to decision-making authority regarding education, healthcare, religious upbringing, and other major life choices. Time-sharing refers to the physical schedule determining when children spend time with each parent. The court orders that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child.

When establishing or modifying parenting plans, the best interests of the child must be the primary consideration.Florida's best interests factors require judges to evaluate numerous considerations when making custody determinations.

Key factors that courts must consider include:

• Each parent's demonstrated capacity to facilitate a close relationship between the child and the other parent
• The anticipated division of parental responsibilities and whether third parties might handle daily care
• Each parent's ability to determine and act upon the child's needs rather than their own desires
• The length of time the child has lived in a stable environment and the value of maintaining continuity
• The geographic viability of the proposed parenting plan, particularly for school-age children

These factors give courts flexibility to craft arrangements that truly serve each child's unique circumstances. A Tampa child custody lawyer helps you present evidence demonstrating how your involvement supports your child's wellbeing.

The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference, represents one factor courts may consider. However, children do not get to choose which parent they live with. Judges determine whether a child has sufficient maturity to provide meaningful input, and even then, the preference remains just one consideration among many.

Florida law requires divorcing or separating parents with minor children to develop a comprehensive parenting plan. A parenting plan approved by the court must describe in adequate detail how the parents will share and be responsible for the daily tasks associated with the upbringing of the child.

Your parenting plan must address several required elements:

• The time-sharing schedule, specifying when children spend time with each parent
• Designation of which parent handles healthcare decisions, school matters, and other activities
• Methods and technologies parents use to communicate with children during the other parent's time
• Authorized locations for exchanging children between households

The specificity required in parenting plans often surprises parents. Vague language leads to future disputes. Detailed plans that address holidays, school breaks, vacation time, and transportation arrangements help to prevent many conflicts before they arise.

Tampa families face unique scheduling challenges due to the region's diverse population. Many families have relatives in other states or countries, making holiday travel a significant consideration. The proximity of Tampa International Airport often factors into parenting plans for families with long-distance relatives. Plans must also account for Hillsborough County Public Schools' calendar, including breaks and early release days.

Life circumstances change, and parenting plans sometimes need adjustment. Under Florida law, a determination of parental responsibility, a parenting plan, or a time-sharing schedule may not be modified without a showing of a substantial and material change in circumstances and a determination that the modification is in the best interests of the child.

Prior to July 2023, Florida also required changes to be "unanticipated." The 2023 amendments to Florida Statute § 61.13 removed this requirement, making modification somewhat more accessible, though you must still demonstrate that circumstances have substantially changed.

Courts evaluate modification requests on a case-by-case basis. Common situations that may warrant modification include significant job changes that affect availability, relocation by either parent, changes in the child's needs as they grow older, and safety concerns that arise after the original order. If the parents of a child are residing more than 50 miles apart at the time of the entry of the last order establishing time-sharing and a parent moves within 50 miles of the other parent, then that move may be considered a substantial and material change in circumstances, for example.

When one parent refuses to follow the parenting plan, Florida law provides enforcement mechanisms. When a parent refuses to honor the time-sharing schedule in the parenting plan without proper cause, the court may, after calculating the amount of time-sharing improperly denied, award the parent denied time a sufficient amount of extra time-sharing to compensate for the time-sharing missed.

Additional consequences for violations may include:

• Payment of the other parent's attorney's fees incurred to enforce the schedule
• Required attendance at a court-approved parenting course
• Community service hours ordered by the court
• Modification of the parenting plan if it serves the child's best interests

A person who violates this subsection may be punished by contempt of court or other remedies as the court deems appropriate. Documenting violations carefully strengthens your position when seeking enforcement.

Child custody cases in Tampa proceed through the Thirteenth Judicial Circuit Court at the George Edgecomb Courthouse on East Twiggs Street. The court has specific procedures and administrative orders governing family law matters that differ from other Florida circuits.

Mediation is a process in which a neutral third party assists the parties in reaching an agreement on issues in dispute. Most custody cases require mediation before proceeding to trial. Many families reach agreements through mediation, avoiding the uncertainty and expense of litigation. When parents cannot agree, judges make the final determination based on evidence presented at hearings.

Geographic considerations uniquely affect Tampa custody cases. Parents living on opposite sides of the bay face commute challenges across the Howard Frankland Bridge or Courtney Campbell Causeway. Traffic on I-275 and I-4 impacts exchange schedules. The spread-out nature of Hillsborough County, from Plant City to South Tampa to Carrollwood, means there may be significant distances between households.

These practical realities must factor into workable parenting plans. A Tampa child custody lawyer familiar with local geography helps craft schedules that account for realistic travel times and minimize disruption to children's routines.

Florida law provides expedited procedures for situations involving immediate danger to a child. If you believe your child faces imminent harm, courts may grant emergency relief on a temporary basis. However, emergency motions require strong evidence of actual danger rather than general concerns. The threshold for emergency relief remains high to prevent misuse of these expedited procedures.