Parental Rights Attorneys, Tampa Bay

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We represent parents who believe their parental rights are being violated. We also are committed to protecting your parental rights when we are representing you in a contested divorce or child custody matter. There are several ways that your child’s parent can attempt to violate or violate your parental rights. Examples of this include, but are not limited to:

Parental Alienation

Withholding of court ordered timesharing

Neglecting scheduled timesharing

Failing to pay child support

In this case, you will likely need to seek relief from the courts. Every divorce and child custody case is unique. Consulting with a Tampa child custody lawyer is the first best step to resolve in high conflict divorce or child custody matters.

What Are Parental Rights in Florida?

Parental rights in Florida involve a parent’s legal rights and responsibilities concerning the care, upbringing, and relationship with their minor child. These rights can include participating in important decisions affecting the child, maintaining a meaningful relationship with the child, exercising court-ordered time-sharing, and having access to certain information and records concerning the child.

Parental rights can become a significant issue during a divorce, paternity action, child custody dispute, or other family law proceeding. A parent may need legal assistance when the parents cannot agree about parenting responsibilities, time-sharing, education, medical care, relocation, or other important issues affecting their child.

Florida courts generally focus on the best interests of the child when establishing or modifying parental responsibility, parenting plans, and time-sharing. Florida law requires courts to consider numerous factors concerning the child and the circumstances of the family.

Parental Responsibility in Florida

Parental responsibility concerns the authority and responsibility parents have for making important decisions affecting their child. Depending upon the circumstances, parental responsibility may be shared between the parents or, when appropriate under Florida law, assigned solely to one parent.

Shared parental responsibility generally means that both parents participate in major decisions affecting the child. These decisions can involve areas such as education, health care, and other significant aspects of the child’s welfare. In certain circumstances, the court may assign ultimate responsibility for particular decisions to one parent or divide responsibility between the parents.

Parental Rights Parenting Plans, Timesharing

Parental rights involve a parent’s relationship and time with their child. Florida uses the terms time-sharing and parenting plan rather than relying solely on the older terminology of “custody” and “visitation.”

A parenting plan establishes how the parents will share responsibilities and how time with the child will be handled. It can address the child’s regular schedule, holidays, school breaks, transportation, communication, decision-making, and other issues that are important to the child’s relationship with both parents.

A carefully drafted parenting plan can help reduce misunderstandings and future disputes by clearly establishing each parent’s rights and responsibilities.

A Parent’s Access to Child-Related Information

What Rights Do Parents Have?

Parental rights don’t just revolve around timesharing but also involves access to information about a child. Florida law provides that, unless a court order specifically limits or revokes those rights, parents generally have rights to access records and information concerning their minor child, including medical, dental, and school records.

If you are being denied information about your child’s education, medical care, or other important matters, it is important to understand whether a court order or parenting plan addresses the issue and what legal remedies may be available.

Parental Rights For Unmarried Parents

Parental rights can be especially complicated when the parents are unmarried. Establishing legal paternity may be an important first step before certain parental rights and responsibilities can be formally established.

An unmarried parent may need to address paternity, parental responsibility, time-sharing, child support, and a parenting plan. These issues can be resolved through an agreement in appropriate circumstances or determined by the court when the parents cannot agree.

Parental Rights & Paternity Actions

It is important for parents to understand your parental rights and your responsibilities if a paternity action is filed. There are numerous factors that the courts will take into consideration in paternity and divorce cases where time-share (custody) is in question, including, but not limited to:

– History of domestic violence

– History of unfounded accusations of abuse

-Father or mother’s relationship with the minor child

– Financial stability

– Substance abuse

– Criminal history

– Best Interest of Child


When a Parent’s Rights Are Being Violated

A parent may need to seek legal assistance when the other parent is interfering with the parent’s relationship with the child or failing to comply with an existing court order or parenting plan.

Examples may include:

– Repeatedly withholding court-ordered time-sharing

– Interfering with scheduled exchanges

– Refusing to follow a parenting plan

– Attempting to interfere with the child’s relationship with the other parent

– Excluding a parent from important information concerning the child

– Disputes concerning education or medical decisions

– Attempting to relocate with the child

– Repeatedly failing to comply with court-ordered parenting provisions

– Disputes concerning modification of an existing parenting plan

The appropriate legal response depends upon the specific facts, the existing court orders, and the best interests of the child.

Parental Rights Attorneys During a Divorce or Custody Case

Parents do not necessarily lose their parental rights simply because they are going through a divorce or because the parents disagree about how a child should be raised. However, decisions made during a family law case can have long-term consequences.

A parent involved in a contested divorce or child custody matter should understand how proposed parenting plans, time-sharing schedules, parental responsibility, relocation issues, and other decisions may affect the parent-child relationship.

Florida courts consider the best interests of the child when determining parental responsibility and parenting plans. Factors can include each parent’s ability to support the child’s relationship with the other parent, the child’s stability, the parents’ ability to communicate, the child’s needs, geographic considerations, and evidence of domestic violence, abuse, neglect, or other circumstances affecting the child.

For that reason, protecting parental rights is not simply about obtaining more time with a child. It involves developing a parenting arrangement that addresses the child’s needs while protecting the parent’s legal rights and responsibilities. We are experienced parental rights and child custody attorneys who provide sound legal counsel and representation. We focus on obtaining the best possible outcome in your case, one that looks to you and your child’s safe and secure future, including the drafting of meaningful, enforceable parenting plans that help you to avoid future conflicts.

Parental Relocation and Your Rights as a Parent

Relocation can have a major effect on a parent’s time-sharing and relationship with a child. Florida law specifically addresses relocation when a parent seeks to move with a child in a manner covered by the statute.

Under Florida law, a relocation generally involves a change in a parent’s principal residence of at least 50 miles that is intended to last at least 60 consecutive days, subject to the statutory requirements and exceptions. A parent seeking relocation must generally comply with specific legal procedures unless the requirements for an agreement between the parties are satisfied.

If you are considering relocating with your child, or the other parent is seeking to relocate with your child, obtaining legal advice before the move can be important.

Modifying Parental Rights, Parenting Plans, Time-Sharing

Circumstances can change after a parenting plan or time-sharing schedule has been established. A parent may believe that the existing arrangement no longer works because of a significant change involving the child, either parent, living arrangements, school, relocation, or other circumstances.

Florida law establishes requirements for modifying parental responsibility, parenting plans, and time-sharing. A modification generally requires the court to consider the applicable legal standard and the child’s best interests.

If you believe your current parenting plan no longer reflects your child’s needs or circumstances have substantially changed, our Tampa family law attorneys can evaluate whether seeking a modification may be appropriate.

Why Legal Advice Can Be Important in a Parental Rights Dispute

Parental rights disputes can involve much more than disagreements over a parenting schedule. They may involve paternity, parental responsibility, time-sharing, child support, relocation, allegations of abuse or neglect, parental alienation, enforcement of court orders, or requests to modify an existing parenting plan.

Because every family is different, the appropriate strategy depends upon the specific circumstances of the parent and child, the existing court orders, and the evidence available.

A consultation with an experienced Tampa parental rights and child custody attorney can help you understand your legal options and the steps that may be available to protect your relationship with your child.

HELPFUL INFORMATION FOR HIGH CONFLICT PARENTAL RIGHTS MATTERS

CONSULT WITH AN EXPERIENCED PARENTAL RIGHTS ATTORNEY

Nilo J Sanchez & Associates PA Family Law & Divorce Attorneys – If you’re experiencing a high conflict family law matter and would like to consult with a seasoned child custody lawyer in Hillsborough, Pasco or Pinellas County, please call (813) 879-4600 or send us a secure message below to request a consultation.

     

     

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