Tampa Child Custody Lawyer

Tampa child custody representation built on nearly two decades of Florida family law practice.

If you are facing a child custody dispute in Tampa, the decisions reached in your case will shape your relationship with your children for years. Florida law no longer uses the term custody in most contexts, but parental responsibility and time-sharing serve the same function and carry the same weight. Our office represents parents in initial custody determinations, modifications, and enforcement matters throughout Hillsborough County. Founding attorney Damien McKinney and attorney Stephanie Koether represent parents as a Tampa, FL child custody lawyer handling both contested and cooperative cases. 

Child Custody Lawyer Tampa, FL

What is child custody under Florida law, and how is it decided? Child custody refers to the legal framework that governs both decision-making authority for a child and the schedule under which the child spends time with each parent. Florida divides these concepts into parental responsibility, which addresses authority over major decisions, and time-sharing, which addresses the day-to-day schedule. Both are determined by the court in the absence of a parental agreement.

Florida courts apply the best interests of the child standard when deciding these issues. The standard is built into the parenting plan that every divorce or paternity case involving minor children must produce. A Tampa child custody attorney can explain how the factors apply to a particular family’s circumstances and how to position a case for the most favorable outcome.

Types of Child Custody Cases We Handle in Tampa

The McKinney Law Group represents Tampa parents across the range of child custody matters. Cases vary widely in complexity, from cooperative parents who need only a workable parenting plan to high-conflict disputes involving allegations of unfitness, relocation requests, or domestic violence.

• Initial custody determinations. Most cases begin during a divorce or paternity action. The court enters an initial parenting plan that addresses time-sharing, parental responsibility, and related issues.
• Custody modifications. A substantial, material, and unanticipated change in circumstances can support a post-judgment modification of an existing parenting plan. Modifications are not granted lightly, and the burden of proof is on the parent seeking the change.
• Relocation cases. When a parent wants to move with the child more than 50 miles from the current residence for more than 60 consecutive days, Florida law imposes specific procedural requirements. Relocation is one of the most contested issues in modern family law.
• Enforcement of parenting plans. When one parent violates the time-sharing schedule or interferes with the other parent’s relationship with the child, enforcement procedures are available. Remedies range from make-up time to contempt of court.
• Time-sharing schedule development. A parenting plan must include a detailed time-sharing schedule covering weekdays, weekends, holidays, summer breaks, and special occasions. Vague schedules produce ongoing disputes.
• Sole parental responsibility cases. Florida presumes shared parental responsibility, but sole parental responsibility may be awarded when shared responsibility would be detrimental to the child. These cases require specific evidence of unfitness.
• Fathers’ rights. Florida law is gender-neutral, and fathers have the same right to meaningful time with their children as mothers. Our office represents fathers seeking equal time-sharing and decision-making authority.
• Paternity-related custody. Unmarried fathers typically must establish legal paternity before pursuing custody rights. The paternity action and the custody determination often proceed together.
• High-conflict custody disputes. Cases involving allegations of abuse, substance use, mental health issues, or parental alienation require careful evidentiary preparation and often involve guardians ad litem or parenting evaluations.
• Out-of-state and international custody. The Uniform Child Custody Jurisdiction and Enforcement Act governs jurisdictional questions when parents or children have ties to multiple states or countries.

Why Choose The McKinney Law Group for Child Custody in Tampa, FL?

Florida family law background

Damien McKinney was admitted to the Florida Bar in 2006 after earning his Juris Doctor from Stetson University College of Law in 2005. He completed his Bachelor of Arts in Psychology at Florida State University in 2002 and is also admitted in North Carolina. Stephanie Koether was admitted to the Florida Bar in 2017 and earned her Juris Doctor with Honors Distinction from the University of Miami School of Law in 2016. Both attorneys hold undergraduate degrees in psychology, which informs how the firm approaches sensitive matters involving children. Custody cases sit at the center of the firm’s practice as a family lawyer in Tampa, FL. 

Recognition and approach to custody matters

Damien has been named a Super Lawyers Rising Star annually since 2012 and received the Super Lawyers Distinction of Excellence in 2016, an honor reserved for the top five percent of Florida lawyers. The firm has handled the full range of custody disputes that arise in Tampa, from amicable parenting plan negotiations to high-conflict cases involving competing experts. Custody outcomes are driven by facts, documentation, and credibility. Effective preparation extends to how each parent presents in court, how the parenting history is documented, and how third-party witnesses such as teachers, doctors, and counselors are positioned.

What Is Important To Understand About Child Custody Cases? 

Types of Custody and Best Interest Factors

Florida law uses two primary concepts to govern what most people call custody: parental responsibility and time-sharing. Parental responsibility refers to the authority to make major decisions about the child’s life, including education, healthcare, religious upbringing, and significant extracurricular activities. Time-sharing refers to the schedule under which the child spends time with each parent.

Several allocation structures are possible:

• Shared parental responsibility with shared time-sharing
• Shared parental responsibility with majority time-sharing for one parent
• Shared parental responsibility with ultimate decision-making authority for one parent in specific areas
• Sole parental responsibility, awarded only when shared responsibility would be detrimental

The Florida best interests of the child standard governs both parental responsibility and time-sharing decisions. The standard includes a list of statutory factors, covering items such as the demonstrated capacity of each parent to encourage a close relationship between the child and the other parent, the moral fitness of each parent, the mental and physical health of each parent, the home, school, and community record of the child, and the reasonable preference of the child when the child is of sufficient maturity. Courts weigh the factors based on the specific facts of the case rather than applying a fixed formula.

What Are Important Aspects of a Child Custody Case?

The most common misunderstanding in Florida custody cases is the assumption that mothers are favored over fathers. Florida law is gender-neutral, and the best interests standard does not include any preference based on the parent’s gender. Both parents start from the same legal position and must establish their case based on the statutory factors.

Several practical aspects shape outcomes:

• Documentation of the existing parenting relationship
• Communication patterns between the parents
• The child’s existing school, medical, and community ties
• Work schedules and the realistic availability of each parent
• Any history of substance use, mental health issues, or domestic violence
• The willingness of each parent to foster the child’s relationship with the other parent

The last factor receives significant attention. A parent who attempts to alienate the child from the other parent may damage their own custody position substantially.

What Is The Child Custody Case Timeline?

Most contested custody cases in Tampa take six months to over a year to resolve, depending on complexity, court scheduling, and the involvement of third-party professionals such as guardians ad litem or parenting evaluators. Cooperative cases resolved through mediation can move faster.

A typical case progression includes:

• Initial petition or motion filed and served
• Temporary parenting plan hearing if immediate relief is needed
• Discovery on parenting history, finances, and any allegations raised
• Court-ordered mediation in most contested cases
• Appointment of a guardian ad litem or parenting evaluator when warranted
• Final hearing or settlement
• Entry of the final parenting plan and time-sharing order

The 13th Judicial Circuit handles Hillsborough County family law matters, including the full range of custody proceedings.

What Should You Bring to Your Child Custody Consultation?

Documentation strengthens a custody position from the first meeting. Useful materials include:

• A summary of the current and historical parenting schedule
• The child’s school records and any medical or mental health records relevant to the dispute
• Documentation of involvement in the child’s daily activities
• Communication records with the other parent, including emails and texts
• Any prior court orders, including divorce judgments or paternity findings
• A list of significant events or incidents that bear on the dispute
• Information about third-party witnesses who can support the parenting history

The consultation is used to assess the strengths and weaknesses of the case and to outline the strategic options available.

What Are Important Florida Legal Resources for Child Custody Cases?

Child custody law in Florida is primarily located in Chapter 61 of the Florida Statutes, which governs dissolution of marriage and related parental responsibility issues, with related provisions in Chapter 742 governing paternity matters. Procedural rules appear in the Florida Family Law Rules of Procedure.

• The Florida Statutes Online portal contains the current statutory text covering parental responsibility and time-sharing.
• The Florida Courts Family Law Self-Help page provides procedural information and approved forms used in custody and parenting plan filings.
• The Florida Department of Children and Families maintains the list of court-approved parent education providers and offers resources for families navigating custody changes.

Florida applies general statute of limitations principles to certain enforcement actions, with timing rules tied to the obligation rather than to the date of the original order.

Reach Out to The McKinney Law Group to Schedule a Consultation

Custody outcomes depend on accurate facts and disciplined preparation. Contact us to schedule a consultation with a Tampa child custody attorney about your situation and the strategic options available under Florida law.

Child Custody Statistics in Tampa

Hillsborough County, with a population estimated above 1.5 million by the U.S. Census Bureau, generates a substantial share of Florida family law filings. The 13th Judicial Circuit handles thousands of dissolution and paternity cases each year, a significant percentage of which involve minor children and contested parenting plans.

Broader national trends in custody arrangements are tracked by the U.S. Census Bureau Current Population Survey, which reports on living arrangements of children and custodial parent demographics. Florida custody patterns reflect a continued shift toward shared parenting plans, consistent with statutory developments emphasizing the involvement of both parents in their children’s lives. Local trends in Tampa parallel the statewide picture, with the family law division of the 13th Judicial Circuit processing both contested cases and an increasing share of agreed parenting plans through uncontested filings.

Factors That Affect the Outcome of Your Child Custody Case

Florida custody decisions are guided by the best interests of the child standard, which incorporates a list of statutory factors the court must consider. Below are the factors and circumstances that most often shape Tampa custody outcomes. The strength of the evidence supporting each factor is what ultimately determines how the court weighs it.

1. The capacity of each parent to facilitate the child’s relationship with the other parent. Florida courts view this as one of the most significant factors. A parent who consistently encourages the child’s bond with the other parent strengthens their own position. A parent who undermines the other parent damages it.
2. The division of parental responsibilities before and during the litigation. Courts examine which parent has historically handled school enrollment, medical appointments, extracurricular activities, and daily care. Recent shifts in responsibility motivated by the litigation itself are scrutinized more critically than long-standing patterns.
3. The geographic viability of the proposed parenting plan. When parents live far apart, the practical realities of distance affect what time-sharing arrangement can work. School-year and summer schedules are evaluated against commute times, school schedules, and the child’s activities.
4. The moral fitness of each parent. This factor is limited to conduct that directly affects the child. Personal lifestyle choices that do not affect parenting are generally not weighed against a parent. Conduct that exposes the child to harmful situations or influences is.
5. The mental and physical health of each parent. Courts consider whether a parent’s health affects their ability to care for the child. Mental health treatment that supports stable parenting is not held against a parent. Untreated conditions that affect the child’s safety or stability are weighed differently.
6. The home, school, and community record of the child. Stability matters. The court considers how a proposed parenting plan affects the child’s school placement, friendships, and routine activities. Disruption of stable arrangements without clear benefit to the child is disfavored.
7. The reasonable preference of the child. Florida courts may consider the preference of a mature child, though the weight given to that preference depends on the child’s age, intelligence, and ability to articulate reasoning. There is no fixed age at which a child can simply choose where to live.
8. The mental and physical health of any other persons in each parent’s household. When a parent’s household includes a new partner, family members, or others who interact with the child regularly, the court may consider their fitness as well.
9. Each parent’s involvement in the child’s school and extracurricular activities. Documented attendance at parent-teacher conferences, school events, medical appointments, and activities reflects engagement. Lack of involvement during the relationship cannot easily be reversed during litigation.
10. Each parent’s demonstrated capacity to provide a consistent routine. Sleep schedules, meal patterns, homework routines, and discipline approaches all factor into the court’s view of which parent can offer stability.
11. Any evidence of domestic violence, abuse, or neglect. Substantiated allegations affect both time-sharing and parental responsibility. Unsubstantiated allegations made in bad faith can damage the accusing parent’s position. Documentation is critical when these issues are present.
12. Substance use issues. Active substance abuse that affects parenting capacity is weighed heavily. Recovery, when supported by treatment records and evidence of sustained sobriety, is viewed differently than active addiction.

Florida courts apply the factors holistically rather than through a checklist. The way evidence is presented, the credibility of the parties and witnesses, and the consistency of each parent’s testimony with the documentary record all shape how the factors are weighted in any given case.

TAMPA CHILD CUSTODY Lawyer FAQs

Does Florida favor mothers in custody cases?

No. Florida law is gender-neutral, and there is no preference for mothers in custody determinations. The best interests of the child standard governs the analysis, and the statutory factors do not include any reference to the parent’s gender. Fathers who present a strong record of involvement, stability, and willingness to foster the child’s relationship with the other parent receive the same consideration as mothers with comparable records.

What is the difference between parental responsibility and time-sharing?

Parental responsibility refers to decision-making authority over major issues such as education, healthcare, and religious upbringing. Time-sharing refers to the schedule under which the child spends time with each parent. The two concepts are addressed separately in the parenting plan. A parent can have shared parental responsibility while having majority time-sharing, or vice versa, depending on the specific circumstances of the case.

Can my child choose which parent to live with?

Florida does not set a fixed age at which a child can decide. The court may consider the reasonable preference of a child who has sufficient intelligence, understanding, and experience to express a preference, but the child’s preference is one factor among many. Older teenagers with well-articulated reasoning receive more weight than younger children, and a child’s stated preference is never the sole basis for the decision.

How is time-sharing typically scheduled?

Time-sharing schedules vary widely based on the parents’ work schedules, geographic proximity, and the child’s age and needs. Common schedules include alternating weeks, 2-2-3 rotations, 2-2-5-5 patterns, and extended weekend schedules. The specific schedule must be detailed in the parenting plan, including holiday and summer arrangements. Vague schedules cause ongoing disputes and are disfavored by Florida judges.

Can I modify an existing custody order?

Yes, when a substantial, material, and unanticipated change in circumstances supports modification. The change must be of a nature that was not contemplated at the time of the original order and must affect the best interests of the child. Common bases include relocation, significant changes in a parent’s work schedule, changes in the child’s needs, or evidence of conduct that affects parenting capacity. The burden of proof is on the parent seeking the change.

What happens if my ex violates the parenting plan?

Florida law provides enforcement remedies including make-up time, modification of the parenting plan, and contempt of court. Documented violations strengthen an enforcement case. A single missed exchange typically does not justify drastic relief, but a pattern of violations can. Filing a motion for contempt or enforcement is the formal mechanism for addressing repeated violations.

Can I move out of state with my child?

Florida law requires specific procedures for parental relocation that involves moving more than 50 miles from the current residence for more than 60 consecutive days. Either both parents must agree in writing and file the agreement with the court, or the relocating parent must petition the court and obtain approval. Relocating without complying with these procedures can result in serious legal consequences, including a contempt finding and potential modification of custody.

What is a guardian ad litem and when is one appointed?

A guardian ad litem is a neutral professional appointed by the court to represent the best interests of the child in contested custody cases. The guardian investigates the family situation, interviews the parties and the child, reviews relevant records, and reports findings and recommendations to the court. Appointment is most common in high-conflict cases or cases involving allegations of abuse, neglect, or alienation.

Does adultery affect custody?

Adultery is not a ground for divorce in Florida and is not directly relevant to custody under most circumstances. The conduct becomes relevant only when it affects the child’s well-being, such as when a new relationship exposes the child to inappropriate situations or when the conduct demonstrates poor judgment that affects parenting. Standard adultery, conducted away from the child, generally does not affect a custody determination.

How much does a Tampa child custody case cost?

Costs depend on whether the case is contested, the complexity of the issues, the involvement of experts, and the length of any final hearing. Uncontested cases resolved through agreement are substantially less expensive than contested cases that proceed through extensive discovery and trial. Fee structure is discussed during the initial consultation so clients can make informed decisions before retaining counsel.

Can my spouse and I create our own parenting plan?

Yes. Parents are encouraged to reach agreement on parenting issues, and Florida courts generally adopt parenting plans agreed to by both parents as long as they meet the statutory requirements and serve the child’s best interests. Plans reached through mediation or negotiation tend to be more durable than court-imposed plans because both parents have ownership of the terms.

What if my ex has substance abuse or mental health issues?

Allegations involving substance use or mental health require documentation and often professional evaluation. Florida courts take these issues seriously when they affect parenting capacity, but unsupported allegations can damage the accusing parent’s position. Evidence may include treatment records, drug test results, police reports, and testimony from witnesses with direct knowledge. Our office handles cases involving these issues as part of our child custody practice.

Local Information for Tampa Child Custody Cases

Tampa Family Court and Local Resources

Tampa child custody cases are heard in the family law division of the 13th Judicial Circuit, which covers Hillsborough County. Filings move through the Clerk of the Circuit Court’s office in downtown Tampa, with electronic filing available through the Florida Courts e-Filing Portal. The family law division handles custody, time-sharing, parental responsibility, child support, and related matters, and certain judges handle dedicated family law dockets.

What Are Important Local Resources for Tampa Child Custody?

The following resources are listed for informational purposes only and do not constitute an endorsement.

• Hillsborough County Clerk of Court – (813) 276-8100
• 13th Judicial Circuit Court – (813) 272-5894
• Florida Department of Children and Families – (850) 487-1111
• Hillsborough County Bar Association – (813) 221-7777

About the Attorney

Damien is the founding partner of The McKinney Law Group. His background in psychology informs how the firm approaches custody matters, particularly cases involving co-parenting communication breakdowns, allegations of alienation, and children with complex needs. Stephanie Koether brings her academic distinction from the University of Miami School of Law and a complementary psychology background from her undergraduate work at Fordham University to the firm’s custody practice. Outside the office, Damien is an active member of the Tampa arts community, a recognized artist at the annual Gasparilla Art Festival, and a supporter of local cultural organizations including Tempus Projects and Tampa Bay Businesses for Culture and the Arts. 

What Our Clients Say

★★★★★

“A post judgment modification requires thoughtful litigation! Which is exactly why I retained The McKinney Law Group. Damien and his exceptional legal team are professionals with clear communication values. I was always able to reach my team! Thank you Damien, Stephanie Koether, Nathan Ellis and Stephanie Stopka. You were my Dream Team!” – Suzanne Peacock

Read more reviews on our Google Business Profile.

Contact The McKinney Law Group

Child custody cases are decided on facts and documentation. The way parenting history is presented, the credibility of each parent under examination, and the consistency of testimony with the documentary record all shape the outcome. Our office prepares custody cases with attention to those details and represents parents throughout Tampa and Hillsborough County. To schedule a consultation with a Tampa child custody lawyer, contact us today.