how much does an attorney cost for equal shared custody in florida?

How much does a child custody lawyer cost?

How much is a custody lawyer in Florida? The typical lawyer in Florida charges between $199 and $420 per hour. Costs vary depending on the type of lawyer, so review our lawyer rates table to find out the average cost to hire an attorney in Florida. What is a retainer fee for a lawyer?

How does shared custody work in the state of Florida?

1 How much does it cost to file for custody in Florida? ... How does shared custody work in Florida? Child custody can be awarded to one parent (known as sole custody) or to both parents (known as joint custody). With sole custody, one parent gets legal and physical custody of a child. In Florida, joint custody is called shared parental ...

How is child custody determined in a divorce in Florida?

Oct 12, 2020 · Child Custody Guide: Florida Family Law. In a Florida divorce or child custody case, the judge will consider the children’s best interests when deciding how time-sharing will be allocated amongst the parents. See Florida Statute 61.13. Florida custody law does not give any preference to mothers or fathers when deciding child custody matters.

Do I need a lawyer for child custody in Florida?

Jul 13, 2018 · Assumption of 50/50 Time-Sharing & Equal Shared Custody Many Tampa Bay parents who are divorcing worry most about child custody issues. Likewise, unmarried parents who have or need to establish paternity often mistake Florida’s Custody Laws and assume 50/50 time-sharing will be ordered.

How do I get full custody?

Florida law does not give any preference to mothers or fathers when deciding child custody matters. Instead, the judge’s primary focus will be to f...

What is a parenting plan?

In Florida child custody cases, the court will require the parents to submit a parenting plan for judicial approval. The parenting plan outlines ho...

At what age do children get to decide which parent to live with?

Minor children do not have the authority to decide which parent they will live with. The child’s preference can be a factor the judge considers but...

Do I need a lawyer to change the parenting plan?

A petition to modify the parenting plan will need to be filed with the court and approved by the judge. You are not required to hire an attorney, b...

What if my child does not want to stay with the other parent?

Minor children do not have the authority to decide which parent they will live with. The child’s preference can be a factor the judge considers but...

Can I change the parenting plan?

Yes, Florida law does allow for a modification of the parenting plan if there has been an unanticipated and substantial change in circumstances. Ad...

How do I establish paternity in Florida?

Paternity can be established by filing a petition to establish paternity with the court. Additionally, you can add paternity to a child support or...

How do I get custody rights if I pay child support?

Paying child support does not necessarily also include child custody rights. If the other parent is withholding custody, you may need to file a pet...

Do I need a DNA test to prove paternity?

You may not need to take a DNA test to establish paternity under Florida law. If both parents agree on who the father is a DNA test should not be n...

Will I have to attend a parenting class?

Yes, Florida law requires both parents to attend a parenting class for all divorce and custody cases involving minor children. The course is schedu...

Pasco, Hernando Child Custody Attorney – When You Want the Best

Child custody matters can be some of the most highly emotional and contentious. Assuming the worse or not understanding your rights or Florida child custody law, can be detrimental. If you are divorcing or if you are wishing to establish paternity and time-sharing, you will want the best child custody attorney .

Pasco County Florida Child Custody Attorney and Your Parental Rights

When establishing or modifying custody and time-sharing in Pasco County, Florida, it is crucial that you understand your rights. Hiring a Pasco County Florida child custody attorney who understands Florida Child Custody Law is the first step to protecting your parental rights.

What is the Florida custody law?

Child custody law in Florida is based on Florida Statutes, prior court decisions, and the general policy and attitudes of the courts. Custody and parenting decisions are based mainly on the “best interests of the child.”. That means the entire custody decision revolves around children’s interests – not parent’s interests.

What are the issues with custody?

Although most custody issues are in relation to a divorce, there are custody issues associated with paternity, guardianship, juvenile delinquency and termination of parental rights. The award of parental responsibility concerns parental rights, privileges, duties and powers connected to child rearing as well as physical custody of your child, and the court takes this responsibility seriously.

What is the Florida parenting plan?

Florida law requires parents to create a parenting plan which will meet the needs of the individual child. This plan will then be approved by the court. If the parents are unable to create a parenting plan, one will be created by the court.

How does mediation help parents?

Mediation for parental responsibilities can allow parents to avoid hostile, stressful or traumatic court battles, allowing both parents to reach a common goal of the child’s best interests. In the state of Florida, all cases involving contested custody or visitation matters are referred to mandatory mediation, provided each party has legal representation and no allegations of domestic abuse exist. The goal of mediation is to change a dispute from a “win-lose,” to a “win-win,” situation in a non-adversarial process. Mediation involves a neutral third-party, who has been trained in dispute resolution, who will assist parents in resolving the issues which are causing conflict. Any issues which are not resolved through mediation will be heard by a judge. Everything said during mediation sessions is confidential and may not be repeated to anyone other than the other party or the attorneys for the respective parties. Mediation can give parents more control over the outcome of their parental responsibility issues, and, in most cases, mediated cases resolve much more quickly. There are two primary sources of mediation – private mediators and a court-provided mediator. The cost of a court-provided mediator is based on Florida Statutes and may be provided at a reduced rate for those with a combined annual income of less than $100,000. A Financial Affidavit must be filed with your case in order to establish these fees. The cost of a private mediator is normally more comparable to attorney hourly fees and can span quite a large range. But private mediators tend to be the better choice even though they are much more expensive than court-provided mediators. Private mediators tend to have more time, more expertise, and are more goal oriented. Another distinct benefit to private mediators is the fact that many of them are also family law attorneys. That gives them the experience and knowledge to suggest legally supportable solutions to the parents. Ayo and Iken can provide you with an experienced attorney, or a Florida Supreme Court Certified Family Law mediator.

What is time sharing in Florida?

Determination of time-sharing refers to where the child will live. In the state of Florida, the Courts have two options when determining parental responsibilities. Shared parental responsibility can be awarded in which the parents share parenting duties and make decisions together.

What are the best interests of a child?

While the “ best interests ” of the child can be difficult to quantify, some factors which may determine best interests include: Physical health of each parent; Mental health of each parent; Religious considerations; Cultural considerations; If the child is old enough, or mature enough, the wishes of the child;

What are cultural considerations?

Cultural considerations; If the child is old enough, or mature enough, the wishes of the child; The support and opportunity for interaction with extended family members; The need for the continuation of a stable home environment; For special needs children, the manner in which each parent addresses those needs;

What are the variables that influence the legal fees accrued during the child custody process?

Variables such as legal representation, family court trial preparations, parental rights evaluations, correspondence with your legal counsel, and unreasonable expectations can contribute to a high legal bill.

Is child custody messy?

High-conflict child custodial cases are very messy. Although there are many good attorneys, there are also many attorneys that may view your case as a money maker. That being said, you can help yourself by researching and understanding the process as well as the costs of a child custody case. April 23, 2019 2 Comments Categories: Children's ...

What is child custody?

Family law attorneys are able to provide a wide range of child custody services. "Child custody is ordered in several types of actions: dissolution of marriage (divorce) and legal separations, paternity (establishing who is the legal father), modifying previous custody orders, guardianship and adoption," explains Thurmond.

Who is responsible for paying legal fees?

Each party is responsible for paying their own legal fees. However, if one party is unable to afford the fees, the court may intervene in some states. If the case is uncontested, a flat fee is usually charged.

Where is Gerald Wirsch?

The complexity and seriousness of the case help determine legal fees, says Gerald Wirsch of the of the Law Office of Gerald M. Wirsch in Hamilton, Ohio. Many custody lawyers determine this information during an initial free consultation.

What is joint custody?

Sole custody is where one parent makes all of the decisions, while joint custody is where both parents have a say in all of the legal issues associated with a child.

What is physical custody?

Physical custody covers time physically spent with the child. Parents need to agree on where a child is to live and how much time will be spent with each parent. In addition to legal and physical custody, parents have to decide whether sole or joint legal custody is the best option for a child.

How to establish paternity in Florida?

In Florida, paternity must be established by court order. A DNA test may be ordered at the request of either the mother, the alleged father, or by the court. With paternity legally established, then the unmarried biological father will enjoy all the legal rights entitled to him including custody and visitation rights.

What are the problems with child custody?

Typically, problems surrounding child custody arise when an unmarried couple splits up or lives apart from each other. Statistically, unmarried fathers battle for permanent custody or visitation rights, while mothers battle to get fathers to pay child support.

Can a parent deprive another parent of custody?

This means that neither parent has the ability to deprive the other parent of physical custody or visitation without a court order. In any child custody situation the primary concern of the court is not parental preference, but the court instead seeks to determine what is best for the child. When a separated unmarried couple has a child, ...

What is a parenting plan?

A parenting plan is the legal document outlining all information about how both parents will continue to care for the child. When filling out a parenting plan, it is best to hire an attorney or seek legal advice to make sure all issues are covered before filing the parenting plan at the proper county courthouse.

What happens if you can't agree on custody?

If an agreement cannot be reached then both parents must go to court. Custody hearing will take place and a judge will rule on all custody related issues surrounding the child. Part of this process is often a custody evaluation. This evaluation is a process in which a mental health professional will evaluate both parents in order ...

How to change a child's last name?

A parent who wants to change a child’s last name must file a petition with the court and serve the other parent with the petition by service of process. If the other parent objects, then there will be a court hearing. The court will order a name change upon a showing that it is in the best interests of the child.

What is temporary order?

Temporary orders are orders that are put in place during the pendency of the paternity action or dissolution of marriage action. Temporary orders can include temporary child support, time-sharing, alimony, exclusive use and possession of a marital home, and attorney’s fees.

Does time sharing give child support?

A parent who has majority time-sharing will generally receive child support . Child support is calculated using the Child Support Guidelines Worksheet, the statutory formula factors in the parties’ income, percentage time-share, health insurance, and costs of daycare and uncovered medical expenses.

Can child support be modified?

However, both child support and the parenting plan can be modified with a substantial change in circumstances and the requested modification is in the best interests of the children. Furthermore, the court always has the discretion to overrule agreed upon terms based on the best interests of the children.

What Is Child Custody?

Roles and Responsibilities of The Child Custody Lawyer

Frequently Asked Questions

• Can I get equal time with my child?
  Yes, you have the legal right to spend equal time with your child. This aspect depends on various factors, including your work schedule—the distance between the homes of two patients, child care, and the history of involvement. You have to prove that you can do your best for the best int…
• How much does a child care lawyer in Florida cost?
  The average cost for a child custody lawyer may range up to 100$ to $500. In the unconsented case, the total cost may vary from 2500$ to 5000$, and the consented cases can cost up to 5000$ to 25000$.

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