Tampa Family Lawyer

Family Lawyer Tampa, FL

Family law issues impact the most important relationships in your life. Whether you are dealing with a custody matter, divorce, or change in circumstances that is affecting a current court order, choosing the right legal representation can make a big difference in the outcome of your case. Our Tampa, FL family lawyer has practiced marital and family law for nearly two decades and brings that depth to every case, whether it settles quickly or goes to trial. Schedule a consultation with The McKinney Law Group Family & Divorce Lawyers to talk through your situation.

Why Choose The McKinney Law Group Family & Divorce Lawyers for Family Law in Tampa, FL?

Our founding partner, Damien McKinney, has practiced in this area of law since 2005. He was admitted to the Florida Bar in 2006 and handles cases across the state. Before law school, Damien earned his Bachelor of Arts in Psychology from Florida State University. That was 2002. He followed that with a Juris Doctor from Stetson University College of Law in 2005. Family law cases involve people under real stress making decisions that will affect their lives for years. Understanding that dimension of the work, on top of the legal analysis, produces better outcomes. In his practice as a divorce lawyer in Tampa, FL, Damien brings both sides of that training to every matter.

Some family law cases get hostile quickly. Our firm’s approach is different. We pursue legitimate issues firmly and through proper channels. We don’t pursue things that aren’t legitimate at all. The result, more often than not, is a cleaner case, a faster resolution, and if there are children involved, a co-parenting relationship that has a chance of working after the final judgment is entered.

Our Firm’s Accolades & Associations

Damien has been selected as a Rising Star by Super Lawyers every year since 2012, and in 2016 he received the Super Lawyers Distinction of Excellence. He is an active member of the Florida Bar Family Law Section and the Hillsborough County Bar Association Family Law Section. The peer recognition reflects how attorneys in the field see the practice. Client feedback reflects something more direct.

“I have had the pleasure of working with Mr. McKinney, and I am very impressed. He took the time to thoroughly explain his practice and was very patient in answering all my questions. Mr. McKinney explains things in a way that makes even the most complex legal issues easy to understand. He listened and was very supportive. I highly recommend Mr. McKinney to anyone in need of knowledgeable and caring legal advice.” – Ruhi Mirpuri

Read more reviews on our Google Business Profile.

How Do You Benefit From Hiring a Tampa Family Attorney?

It may be tempting to try and handle your family matters internally. However, family law matters can be complex and emotionally draining. A family lawyer in Tampa can provide experienced representation and navigate the legal system effectively on your behalf. Your attorney provides objective advice that is intended to secure the best possible outcome on your behalf, with no emotional bias influencing their recommendations. Our legal team at The McKinney Law Group Family & Divorce Lawyers offers:

• Efficient case resolution: In many situations, having an experienced family lawyer in your corner means a quicker resolution to your case. You can potentially save time, money, and experience less stress throughout the legal process.
•  Negotiation experience: Our attorneys have decades of experience in family law negotiations. Our goal is always to resolve your case efficiently and with your best interests in mind.
• Personalized services: We recognize that every family law case we handle is unique. You receive meaningful access to your attorney and we always tailor our approach to best match your priorities and needs.

Types of Family Law Cases We Handle in Tampa

Family law covers a broad range, and most cases don’t fit neatly into a single category. A dissolution case usually involves property, support, and, if children are in the picture, timesharing. A support modification can also involve a change in parenting schedule. A prenup becomes relevant years later during a divorce. We handle the full range of situations.

• Dissolution of Marriage. Florida uses “dissolution of marriage” rather than “divorce” in the statutes, but the concept is the same. We handle contested, uncontested, and high-asset dissolution cases.
• Timesharing and Parental Responsibility. Florida uses timesharing rather than custody, and parental responsibility rather than decision-making authority. We handle original timesharing determinations, modifications when schedules need to change, and relocation matters when one parent wants to move.
• Child Support. Support in Florida runs through the statutory guidelines in § 61.30, adjusted for the specific circumstances of the family. We handle initial orders, modifications when financial circumstances substantially change, and enforcement when a parent falls behind.
• Alimony. Florida’s alimony framework was substantially revised in 2023. Permanent alimony was eliminated. The statute now provides for bridge-the-gap, rehabilitative, and durational support depending on the situation. 
• Prenuptial and Postnuptial Agreements. Marital contracts can protect separate property, define support obligations, and reduce conflict if the marriage later ends. We draft and review agreements for clients in various financial situations.
• Paternity and Establishment Actions. When parents are not married, establishing legal paternity is usually the first step before timesharing, support, and parental responsibility can be addressed. Our family law team in Tampa handles both voluntary acknowledgments and contested paternity actions.
• Post-Judgment Modifications and Enforcement. Life changes after a final judgment. Jobs shift. Parents move. Children’s needs evolve. When the change is substantial, modification of an existing order becomes available. Enforcement is the other side of the same coin, used when one party stops complying with an order that’s still in effect.
• Collaborative Divorce. For couples who want an alternative to litigation, the collaborative process offers a structured path toward resolution. We handle collaborative matters for clients who prioritize privacy and control over the process.
• Military Family Law. MacDill Air Force Base brings a significant military population to the Tampa area. Military divorce and family law cases involve federal statutes, pension division questions, and deployment-related scheduling. 

Florida Legal Requirements for Family Law Cases

Chapter 61 of the Florida Statutes is the central framework for most family law matters in the state. A few rules apply across nearly every case we handle, and understanding those rules at the beginning of a case saves time and often saves money.

Residency. The party filing a dissolution of marriage must show six months of Florida residency before filing, under Florida Statutes § 61.021. A driver’s license, voter registration, or the sworn testimony of a corroborating witness generally suffices. Cases filed without established residency get dismissed.

No-Fault. Florida has been a no-fault state since the 1970s. Under § 61.052, dissolution requires only that the marriage is irretrievably broken. Fault can still be relevant to some collateral issues, like the dissipation of marital assets, for example, during a separation period, but it is not required to obtain the divorce itself.

Mandatory Disclosure. With a few narrow exceptions, both parties in a dissolution, paternity, support, or modification case must exchange financial affidavits and supporting documents under Family Law Rule 12.285. Tax returns. Pay stubs. Bank and investment statements. Property deeds. 

Equitable Distribution. Florida divides marital assets and liabilities equitably rather than equally, although equal is the statutory starting point. Under § 61.075, a judge can depart from equal division when statutory factors justify it. Nonmarital property stays with the spouse who owns it, so classification of assets at the beginning of a case often determines the overall financial outcome.

Alimony After the 2023 Reform. The alimony statute was rewritten in 2023. Permanent alimony no longer exists. The types of alimony still available are bridge-the-gap, rehabilitative, and durational. Each has specific duration rules and statutory factors. Cases involving marriages of different lengths get treated differently under the new framework, and existing orders can sometimes be modified to reflect the changes.

Timesharing and Parental Responsibility. Under § 61.13, Florida presumes that equal timesharing is in the best interests of the child. That presumption is rebuttable. A party seeking to depart from equal timesharing must show, based on the statutory factors, that a different schedule better serves the child. This presumption was added in 2023 and has reshaped how courts handle contested timesharing cases.

Child Support Guidelines. Support is calculated under § 61.30 using the parties’ combined incomes, the number of overnights each parent has, and adjustments for health insurance, daycare, and other specific expenses. The guideline result is presumptive. Deviations require specific written findings.

Important Components of a Tampa Family Law Case

A Tampa family law case that’s handled well early tends to have better outcomes. The components below make the difference.

Getting the Initial Strategy Right

At the first consultation, we identify what claims are available, what the opposing party is likely to pursue, and where the financial and parenting exposure lies for our client. That assessment shapes everything that follows. It often shapes whether the case should be approached collaboratively, through traditional negotiation, or with an eye toward trial.

Accurate and Complete Financial Disclosure

Rule 12.285 disclosure is mandatory, but “mandatory” and “complete” are different things. Some cases require additional discovery beyond the baseline. Interrogatories. Requests for production. Depositions when a party’s testimony is needed under oath. Forensic accounting when the financial picture isn’t clear. We calibrate the disclosure approach to the case rather than defaulting to the minimum.

Asset Classification

Equitable distribution turns on whether assets are marital, nonmarital, or a mix. Some assets start nonmarital and become partially marital through active appreciation. Some marital assets get commingled with nonmarital funds, creating tracing issues. Inherited property can lose its separate character depending on how it was handled during the marriage. Classification questions often determine outcomes in Tampa family law cases, and we address them early.

Parenting Plans Built for Real Life

A good parenting plan survives the transitions that families go through over the years. Children start school. They change schools. Extracurricular activities shift. Holidays need to be handled. Parents relocate. A plan drafted with foresight produces fewer disputes down the road.

Coordinating Support and Timesharing

Child support calculations depend in part on the timesharing schedule. When timesharing changes, support changes. Couples sometimes agree to schedule adjustments informally without updating the support order, and that creates enforcement problems later. We handle the two together rather than in isolation.

Post-Judgment Planning

The moment a final judgment is entered isn’t the end of the case’s relevance. Modifications, enforcement actions, and compliance issues can arise for years afterward. We draft agreements and judgments with those downstream possibilities in mind, which reduces the work required later when something needs to change.

Preventing the Avoidable Mistakes

Certain actions during a pending family law case produce consequences that are hard to reverse. Interfering with timesharing creates a record that hurts at the next hearing. Moving significant assets during a case can produce dissipation claims under § 61.075 and affect equitable distribution. Making major financial decisions without consulting counsel often has tax or property-division implications that weren’t anticipated. Putting case details in a social media post turns private information into evidence the other side can use. Our Tampa family law legal team flags these issues during the first meeting and throughout representation so they don’t become problems later.

Tampa Family Law FAQs

We understand that family law matters in Tampa can be complex. Our legal team has answered some commonly asked questions in the section below. If you have questions that are not addressed here, please give our office a call. We want to help.

How Does a Judge Decide a Parenting Plan in Tampa?

In Tampa, a judge begins each case under the assumption that each parent should have equal time with their children. Parents will also equally share responsibilities and decision-making power, unless there is evidence that doing so would be harmful to the children. The judge then considers circumstances and lifestyle choices that could potentially affect an equal sharing arrangement. A parent that displays poor decision-making or unsafe social habits will likely receive less decision-making authority and time with their children.

How is Paternity Established in Florida?

There are multiple ways to establish paternity in the state of Florida. Some of the ways in which paternity may be established include:

• Voluntary Acknowledgement of Paternity: If there is no dispute over a supposed father’s paternity of a child, both the mother and supposed father may sign a Voluntary Acknowledgement of Paternity. By signing this form, both parties state under oath that the supposed father is the child’s true legal father, with all inherent rights and responsibilities. 
• Paternity Based on Marriage: When a child’s mother is married at the time of the child’s birth, her husband is determined the legal father of the child.
• Genetic Testing: If the alleged father and mother are not married and the former denies responsibility for the child, genetic testing may be used to establish paternity. 

How is Child Support Calculated in Florida?

Child support is calculated based on the income of both parents and the best interests of the child. Judges use an established worksheet to calculate how much child support is applicable for every unique case. In addition to the financial status of both parents, a judge may consider:

• The number of children
• The child’s standard of living prior to parental separation
• Education and health-related expenses
• Expenses for children with special needs 

How Long Must Parents Support Their Children in Tampa, FL?

In the state of Florida, child support payments continue until a child reaches the age of eighteen. At that point, the child has reached the Florida age of majority. In some cases, a court may order an extension of child support payments until a child reaches nineteen years of age, if the child will graduate high school by that time. Some exceptions may apply, such as if a child is on active military duty or is emancipated by a court. Our Tampa family lawyers can help you understand your child support obligations.

Contact The McKinney Law Group Family & Divorce Lawyers

Your family is our passion. Whether you’re considering dissolution, facing a timesharing dispute, looking at a support modification, or trying to draft a prenuptial agreement before a wedding, we are prepared to help. We work with clients throughout Tampa and the surrounding region, bringing the same level of care and professionalism to every case. Contact us to schedule a consultation. We’ll listen to what’s going on, explain how Florida law applies, and lay out the next steps that make sense for your situation.

Family Law Statistics in Tampa

Family law touches more Tampa households than most people realize. According to U.S. Census Bureau QuickFacts, approximately 22% of Hillsborough County’s 1.58 million residents are under 18, meaning roughly 347,000 children live in the county. Many of them will be directly affected by a parent’s dissolution, custody modification, or support proceeding at some point in their lives. Florida’s CDC-reported divorce rate of 3.0 per 1,000 residents in 2023 keeps the state among the highest in the country. In a county the size of Hillsborough, that translates to thousands of new family law cases each year spanning dissolution, timesharing disputes, child support, alimony, and post-judgment modifications.

The breadth of family law means it rarely fits a single category. A dissolution case carries property division, support, and timesharing inside it. A modification hearing can look like a mini-trial. Even a prenuptial agreement drafted years earlier can become the central document in a contested divorce.

Common Types of Family Law Cases in Tampa, FL

Family law in Tampa covers a significant range of legal matters. Below are the most common case types handled at The McKinney Law Group Family & Divorce Lawyers.

• Dissolution of marriage. Florida calls it dissolution rather than divorce, but the process is the same. When one or both spouses file, the marital estate is divided under Florida’s equitable distribution standard, and the court addresses support and timesharing if children are involved. Cases range from uncontested to fully contested with trial, and some involve significant financial issues that require forensic accounting and business valuation work.
• Timesharing and parental responsibility. Florida uses “timesharing” rather than custody and “parental responsibility” rather than decision-making authority. What matters in practice is: where do the children spend their time, and who has authority over major decisions about education, healthcare, and religion? These issues are decided based on the best interests of the child standard under Florida law, and the parenting plan that results must be detailed enough to actually work day to day.
• Child support. Child support in Florida runs through statutory guidelines tied to each parent’s income and the timesharing schedule. The calculation sounds mechanical, but the inputs are contested regularly: what counts as income, whether a parent is voluntarily underemployed, how to handle variable pay and bonuses. Initial support orders, modifications when circumstances change substantially, and enforcement when a parent falls behind are all distinct proceedings.
• Alimony. Spousal support was substantially restructured by Florida’s 2023 alimony reform, which eliminated permanent alimony and replaced it with a durational framework tied to the length of the marriage. Bridge-the-gap, rehabilitative, and durational alimony are now the available forms. How support is calculated, for how long, and whether a prenuptial agreement affects it are questions that depend heavily on the specific facts of each case.
• Prenuptial and postnuptial agreements. A prenuptial agreement drafted before marriage can define what happens to specific assets and address spousal support if the marriage ends. A postnuptial agreement does the same thing after the wedding. Both require full financial disclosure and voluntary execution to be enforceable. Agreements that lack either element are vulnerable to challenge years later during a dissolution.
• Post-judgment modifications. Final judgments are not always final in practice. A parent’s relocation, a job loss, a change in a child’s needs: any of these can support a motion to modify timesharing or support. The legal standard requires a substantial change in circumstances that was not anticipated at the time of the original order. Modifications are their own proceedings with their own evidentiary requirements.
• Mediation and alternative dispute resolution. Many family law disputes in Tampa resolve through mediation rather than trial. Courts typically require it before contested cases can be set for hearing. When both parties are prepared and the issues are well-defined, mediation is often the most efficient path to a binding agreement. When one party is not negotiating in good faith, having a prepared attorney at the table matters considerably.
• High asset divorce. High asset dissolution cases involve an additional layer: business valuation, executive compensation analysis, tracing of nonmarital assets, and often forensic accounting. The financial picture in these cases requires more work to establish, and the stakes of getting it wrong are proportionally higher.

Tampa Family Lawyer FAQs

What does a Tampa family lawyer handle?

A family lawyer in Tampa handles the legal matters that arise from marriage, separation, and parenthood. That includes dissolution of marriage, timesharing and parental responsibility, child support, alimony, prenuptial and postnuptial agreements, adoptions, guardianship, and post-judgment modifications of prior orders. Most clients come with one primary issue, but family law matters are interconnected. A timesharing modification often affects child support, and a dissolution case usually involves property, support, and parenting issues at once.

How does Florida determine timesharing schedules?

Florida courts evaluate timesharing based on the best interests of the child, weighing factors set out in Florida Statute 61.13. These include each parent’s ability to provide a stable environment, the existing relationship between each parent and child, geographic considerations, and each parent’s willingness to support the child’s relationship with the other parent. There is no automatic presumption of equal time, though Florida courts regularly award 50/50 schedules when it is appropriate.

Can a parenting plan be modified after it is entered?

Yes, but modification requires a showing of a substantial, material, and unanticipated change in circumstances since the original order was entered. A small change in preference or convenience is not enough. Common grounds include a parent’s relocation, a significant change in either parent’s work schedule, changes in the child’s needs, or evidence that the current schedule is harming the child.

How is child support calculated in Florida?

Child support follows guidelines under Florida Statute 61.30, which uses both parents’ net monthly incomes and the timesharing schedule as primary inputs. Additional costs including health insurance, childcare, and certain educational expenses are factored in. The result is a presumptive guideline amount, but courts can deviate from it when the circumstances support doing so. Contested income questions, including how to handle self-employment, bonuses, and variable pay, are among the most frequently litigated issues in support cases.

What changed with Florida’s 2023 alimony reform?

The reform eliminated permanent alimony and created a durational cap tied to the length of the marriage. For marriages under three years, the cap is 50% of the marriage length. For moderate-length marriages, it rises. For marriages over 20 years, courts can award alimony up to the full length of the marriage under certain circumstances. Courts must make specific written findings supporting any award, and the analysis now focuses on bridge-the-gap, rehabilitative, and durational alimony rather than permanent support.

Is mediation required in Tampa family law cases?

In most contested family law matters in Hillsborough County, courts require mediation before setting a case for trial. The process involves a neutral mediator helping both parties reach a voluntary agreement. Neither party is required to settle, but good-faith participation is expected. Mediation is confidential, and anything said there generally cannot be used at trial if the case does not settle.

How long does a family law case take in Tampa?

It depends entirely on the type of case and how disputed the issues are. An uncontested dissolution can be finalized in a few months. A contested divorce with business valuation and competing financial positions can take a year or more. Post-judgment modifications vary similarly. The pace is influenced by the court’s docket, the responsiveness of both parties, and how quickly financial information is exchanged.

Local Information for Tampa, FL Family Law Cases

Tampa, FL Family Court and Local Resources

Family law matters in Tampa are handled by the Unified Family Court of the 13th Judicial Circuit in Hillsborough County. Filings are processed through the Hillsborough County Clerk at 800 E. Twiggs St., Tampa, FL 33602. The court operates a Case Management Unit at (813) 272-5173 for procedural questions, and the Family Forms Clinic at the George Edgecomb Courthouse assists self-represented parties. Family law matters heard in the 13th Circuit span dissolution, timesharing, support, adoption, and domestic violence injunctions.

What Are Important Local Resources for Tampa Family Law Cases?

The following resources may assist Tampa residents with family law matters. Their inclusion is for informational purposes only. The McKinney Law Group Family & Divorce Lawyers does not endorse or maintain a formal affiliation with any of these organizations.

• Hillsborough County Clerk: 800 E. Twiggs St., Tampa, FL 33602, (813) 276-8100. Handles all family law filings in Hillsborough County.
• Florida Child Support Program: (850) 488-5437. Handles child support establishment, modification, and enforcement statewide.
• The Spring: Hotline (813) 247-7233. A Hillsborough County domestic violence crisis center offering emergency shelter, legal advocacy, and 24-hour support.
• Bay Area Legal Services: (800) 625-2257. Free civil legal assistance for low-income Tampa Bay area residents in family law matters.
• Florida Bar Family Law: (850) 561-5600. Professional resources and attorney referrals for family law matters throughout Florida.

About The McKinney Law Group Family & Divorce Lawyers

Damien McKinney founded The McKinney Law Group Family & Divorce Lawyers and has devoted nearly 20 years of practice to marital and family law in Florida. Admitted to the Florida Bar in 2006, Damien earned his Juris Doctor from Stetson University Law and his undergraduate degree in Psychology from Florida State University. He is a Florida Supreme Court certified family law mediator and a trained Guardian Ad Litem, bringing direct courtroom and mediation experience to every case. He has been recognized as a Rising Star by Super Lawyers annually since 2012 and received the Distinction of Excellence in 2016. Stephanie Koether, who earned her Juris Doctor with Honors Distinction from the University of Miami Law and has practiced Florida family law since 2017, also handles cases across the firm’s full range of practice areas.

What Our Clients Say

★★★★★

“I truly appreciated McKinney’s help and the way he addressed my questions. He demonstrated strong professionalism while also showing empathy and a genuine desire to help people navigate difficult situations. I believe that combining expertise with compassion is essential, especially when families and children are involved. Thank you !” — Tamara Pavlovic

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Contact The McKinney Law Group Family & Divorce Lawyers

Whether your matter is a first-time dissolution, a custody modification, or a post-judgment enforcement action, The McKinney Law Group Family & Divorce Lawyers handles the full range of family law cases in Tampa, FL. Contact us to schedule a consultation with a Tampa family attorney.