St. Petersburg Child Custody & Support Attorney

Prioritizing Your Child’s Best Interest: Child Support and Custody Services at Plotnick Law

At Plotnick Law Offices, our child support and custody attorneys in St. Petersburg advocate for your family’s needs and guide you through the legal process.

You’ll work directly with an experienced attorney from the initial consultation through the conclusion of your case.

Call (727) 619-1827 or contact us online to discuss your need for a free legal consultation with a St. Petersburg child custody and support attorney.

Florida Law on Child Custody: Protecting Your Child’s Well-Being

Florida courts decide child custody issues under the best-interest standard. They consider each parent’s ability to provide a stable home environment, the child’s relationship with each parent, and any history of domestic violence or substance abuse. The goal is to meet the child’s physical and emotional needs while preserving healthy parental relationships whenever possible.

Florida law addresses two central parts of a parenting plan:

• Parental Responsibility: This refers to the authority to make decisions about the child’s upbringing, including education, healthcare, religion, and other important aspects of the child’s life. Florida courts favor shared parental responsibility unless sharing decision-making would be detrimental to the child.
• Time-Sharing: This establishes where the child will spend time and the schedule each parent will follow. Florida courts use time-sharing rather than “physical custody” or “visitation” when setting this schedule.

Since July 1, 2023, Florida law has included a rebuttable presumption that equal time-sharing is in a minor child’s best interests. This presumption is a starting point that can be overcome with evidence. A parent challenging equal time-sharing must show by a preponderance of the evidence, meaning more likely than not, that a different arrangement serves the child’s welfare.

A St. Petersburg child custody and support attorney can guide you through establishing a parenting plan that addresses parental responsibility and time-sharing. Parents can agree on these arrangements, or the court can determine them if an agreement can’t be reached.

Paternity & Parenting Plans for Unmarried Parents

When a child’s parents aren’t married and paternity hasn’t already been established, a pregnant woman, a man who believes he is the father, or the child can bring a circuit-court proceeding to determine paternity. The case is filed in the county where either the plaintiff or defendant resides.

Establishing paternity doesn’t automatically create a parenting plan or time-sharing schedule. A separate request under Florida’s paternity law is needed to establish parental responsibility, the child’s schedule with each parent, and related child support obligations.

Child Support in Florida

Child support is a central part of family law in Florida, and each parent must contribute to the child’s financial needs. Florida uses an income-shares model under its Child Support Guidelines, calculating each parent’s proportional share of the obligation from their net monthly income and combined income.

Primary factors considered when calculating child support include:

• Income of both parents: This includes wages, salaries, bonuses, commissions, and other sources of income.
• Time-sharing arrangement: The calculation accounts for the number of overnights the child spends with each parent. Equal time-sharing doesn’t automatically eliminate support, and the parent with the higher income can still have an obligation.
• Healthcare and insurance costs: The child’s health insurance and medical-care costs are considered when determining support.
• Other children: The court considers how many other children each parent is financially responsible for.

We can help ensure the calculation uses the parents’ financial information, time-sharing schedule, health insurance costs, medical expenses, and other qualifying factors. If financial hardship prevents you from paying the ordered amount, we can also assist with a modification request when the statutory requirements are met.

Modifying Child Custody & Support Orders

Changes in a family’s circumstances can make an existing child custody or support arrangement unworkable.

In Florida, a parenting plan, decision-making authority, or time-sharing schedule can be modified after a substantial and material change in circumstances and a finding that the requested change serves the child’s best interests. A child support modification can be supported when the difference between the existing order and the guideline amount is at least 15 percent or $50, whichever is greater. Changes that may justify a modification include:

• A significant change in either parent’s income
• A parent’s relocation or a change in the child’s living situation
• A change in the child’s needs, such as medical or educational requirements
• A parent’s inability or unwillingness to follow the court-ordered time-sharing arrangement

If you need to modify an existing child custody or support order, a St. Petersburg child custody and support attorney can help you present the relevant change in circumstances to the court.

Relocating with a Child After a Time-Sharing Order

Under Florida law, relocation generally means changing a parent’s principal residence by at least 50 miles from the residence identified in the last time-sharing order and remaining there for at least 60 consecutive days. Temporary absences for vacation, education, or healthcare don’t count as relocation.

A relocation can proceed through a written agreement signed by every person entitled to time-sharing or through a petition to relocate that’s served on the other parent. Moving a child without following these requirements can lead to contempt proceedings, an order requiring the child’s return, and consideration of the move in a later parenting-plan or modification decision.

Enforcing a Parenting Plan or Time-Sharing Order

When a parent refuses to honor court-ordered time-sharing without proper cause, Florida law requires the court to award make-up time-sharing. The court can also order payment of costs and attorney fees connected to the enforcement action.

Other remedies include a parenting course, community service, modification of the parenting plan, or contempt of court. A parent can’t deny time-sharing because the other parent owes child support. Likewise, a parent who’s denied time-sharing must continue paying court-ordered child support or alimony.

The Role of a St. Petersburg Child Custody & Support Attorney

Child custody and support disputes can be emotional and complex. Working with a St. Petersburg child custody and support lawyer allows you to protect your rights and present the facts relevant to your child.

We help clients understand their rights, navigate the legal system, and prepare matters involving:

• Parenting plans
• Time-sharing
• Child support
• Paternity
• Modifications
• Relocation
• Enforcement

Child custody and parenting-plan matters in St. Petersburg are generally handled in the Sixth Judicial Circuit’s Family Law Division, which includes Pinellas County’s Unified Family Court for certain cases.

Contact a St. Petersburg child custody and support attorney to schedule your free consultation. Call (727) 619-1827 or reach out online for personalized guidance in your family law case.

Commonly Asked Questions