Frequently Asked Questions

What is child custody?

Child custody is generally defined as the legal authority to make decisions about the child’s life and well-being as well as being responsible for the child’s developmental, financial, physical and emotional needs.  There are several different types of custody that can be awarded after a divorce.  The courts will look in to several different factors regarding both parents and the child or children involved to determine what the best custodial arrangement is.

What types of paternity tests are generally used?

The most accurate form of test that is used to determine paternity in a court of law is blood testing.  Florida commonly uses two types of blood tests – the first is called the Human Leukocyte Antigen (HLA) blood test.  The second is a DNA test that compares the genetic code of the child to both the potential father as well as the mother. 

I have primary custody of my children and I want to move to another state.  What do I do?

There are laws in Florida that prohibit the primary custodial parent from moving the child’s residence farther than 50 miles away from the current location without obtaining a court order or written permission from the other parent.  If you are interested in moving your child’s primary residence, it is in your best interests to speak with a Tampa relocation attorney.  He or she can help you file the proper paperwork and assist you in the process.

I haven’t received child support from my children’s other parent.  What can I do?

If your ex-spouse has broken your child support agreement, you have a legal right to inform the Florida court in order to get the financial support that you need to support your child.  If the other parent of your child refuses to pay child support, he or she can be held in contempt of court which carries certain penalties with it, one of which is incarceration.  

Do I need a lawyer if I want to change my custody agreement?

The Florida courts are often hesitant to change an established custody agreement – they want to make sure that the child or children have as much stability and consistency in their lives as possible.  A Tampa modification of custody attorney can help you go through the process of changing your custody agreement.  However, if you feel that your child is in immediate danger, it is very important that you speak with someone right away.  An emergency modification of custody agreement can be effected in the case of abuse, abandonment, neglect or any other type of situation that puts the child at risk. 

Do grandparents have the right to demand visitation with their grandchildren?

The Florida Supreme Court and the Supreme Court of the United States have recently come to the conclusion that it is against the constitutional rights of the parents for grandparents to demand to see their grandchildren.  Every parent has a right to privacy and to raise their child in a manner that they see fit.  Of course, in cases of abuse or other danger, any family member can speak with an attorney to go about getting custody of the child immediately to put him or her out of any risk. 

Contact a Tampa Child Custody Attorney at Givens Divorce Law Group to discuss your child custody issue today.