Child Custody Lawyer Tampa, FL
Custody cases are among the most consequential matters in family law. The arrangement determines who makes decisions, where the child lives, and how both parents stay involved. Florida uses “timesharing” and “parental responsibility” rather than the older “custody” terminology, and the 2023 changes to state law reshaped how these cases are handled. Our Tampa, FL child custody lawyer has practiced marital and family law for nearly two decades and handles timesharing matters from initial orders to contested modifications. Schedule a consultation with The McKinney Law Group to discuss your situation.
Why Choose The McKinney Law Group for Child Custody in Tampa, FL?
Custody cases are different from other areas of family law. A good outcome requires careful legal work and also genuine attention to what’s best for the child at the center of the case.
Meet Tampa Child Custody Lawyer Damien McKinney
Damien McKinney has spent nearly two decades helping Tampa parents navigate one of the most difficult situations a family can face. A Florida native and Stetson University College of Law graduate, he founded The McKinney Law Group after building his foundation at one of Tampa’s largest family law firms. His background in psychology shapes the way he approaches custody matters. These cases are rarely just legal disputes, and Damien has always understood that. His goal is to help clients reach arrangements that genuinely serve their children’s best interests while protecting their own parental rights.
Super Lawyers has recognized him as a Rising Star every year since 2012 and awarded him the Distinction of Excellence in 2016, placing him among the top 5% of attorneys in Florida.
Outside the office, Damien is a familiar face at the Gasparilla Art Festival and consistently supports Tampa’s local arts community throughout the year.
Two Decades in Florida Family Law
Our founding partner, Damien McKinney, has practiced marital and family law since 2005. He was admitted to the Florida Bar in 2006. His practice today covers the full range of family law issues, with custody and timesharing matters making up a significant share of the caseload. Damien completed his Bachelor of Arts in Psychology at Florida State University in 2002 before earning his Juris Doctor at Stetson University College of Law in 2005. That educational sequence matters more in custody work than in most other areas of law. These cases involve children under stress. They involve parents whose communication has broken down. They involve decisions about living arrangements, schooling, and daily life that will be felt for years. Working as a family lawyer in Tampa, FL, Damien brings both dimensions of his training to every custody case.
Evidence-Driven Representation
Custody cases are won on evidence. Not on argument or on emotion. Courts respond to facts supported by documentation, which means the work of the case starts with the record we build. Key evidence we gather and present may include:
- Communication with the other parent (texts, emails, etc.).
- School records.
- Medical records where relevant.
- Testimony from teachers, coaches, or counselors when their observations matter.
- Photographs and timelines.
- Bank statements showing who pays for what.
Professional Standing
Damien has been recognized as a Rising Star by Super Lawyers every year since 2012. In 2016 he received the Super Lawyers Distinction of Excellence, a recognition given to a small percentage of Florida attorneys based on peer review. He is an active member of the Florida Bar Family Law Section and the Hillsborough County Bar Association Family Law Section. Client feedback is the direct measure.
“Damien was extremely elegant in answering my various questions. It is very nice to be able to ask tough questions and get a genuine and thoughtful response in return. I felt like he was actively listening and answered every question with extreme professionalism. I would highly suggest talking with The McKinney Law Group, if you or someone you know needs someone dedicated. Thank you!” – Colton Eisenhart
Read more reviews on our Google Business Profile.
A Civil Approach in a High-Conflict Area
Custody disputes are some of the most emotionally charged family law litigation. Allegations get exchanged. Communications break down. Minor disagreements escalate. Our firm’s approach is measured. We raise legitimate issues directly and pursue them through the proper channels.
Types of Custody Cases We Handle in Tampa
Custody law covers everything from initial timesharing determinations between cooperative parents to contested cases involving alienation claims, safety concerns, or relocation disputes. We handle the full range for clients in Tampa and the surrounding area.
- Initial Timesharing Determinations. When no order exists, one parent usually files to establish the timesharing schedule and the allocation of parental responsibility. That can happen as part of a dissolution case, a paternity case, or a standalone petition. We handle the parenting plan, the supporting evidence, and the procedural steps.
- Modifications of Existing Orders. When circumstances change substantially, a timesharing order can be modified. A relocation. A change in work schedule. Problems with the existing schedule. Modification actions require a specific showing, and we build cases that meet it.
- Relocation Cases. Florida has detailed statutory rules governing parental relocation. A parent who wants to move more than 50 miles has to obtain either written consent from the other parent or court permission. We handle both sides of relocation disputes.
- High-Conflict and Contested Cases. Some custody disputes involve allegations of alienation, interference, or patterns of manipulation. These cases require careful evidence handling and a strategic approach that doesn’t add fuel to the conflict.
- Timesharing in Dissolution Cases. When timesharing is one piece of a larger divorce case, it interacts with property division, alimony, and child support. We coordinate across all the claims rather than handling them separately.
- Paternity and Unmarried Parents. When parents were never married, paternity has to be legally established before the court can address timesharing and parental responsibility. We handle paternity actions and the corresponding parenting matters together.
- Parental Responsibility Disputes. Legal custody in Florida is called parental responsibility. Shared parental responsibility is the default, but sole decision-making authority over specific areas, or the entire scope, is possible in cases where shared is not in the child’s best interest. We handle these determinations and the evidentiary work they require.
- Military Family Custody Cases. Deployment schedules, PCS orders, and federal protections under the SCRA all affect custody cases involving service members. We handle these cases regularly through our military divorce practice.
- Domestic Violence and Safety Cases. When safety concerns are real, they need to be raised properly. Emergency motions. Injunctions. Supervised timesharing where appropriate. We handle these issues with the care they require.
- Enforcement of Existing Orders. When a parent doesn’t follow an order that’s in place, enforcement tools exist. Contempt motions. Make-up timesharing. Fines and attorney’s fees in some cases. We pursue enforcement when it’s warranted.
Florida Legal Requirements for Child Custody Cases
Florida custody law runs through Chapter 61 of the Florida Statutes and a substantial body of appellate case law. The framework changed significantly in 2023 with the addition of a rebuttable presumption favoring equal timesharing.
The Best Interest Standard. Under Florida Statutes § 61.13, timesharing and parental responsibility determinations must serve the best interests of the child. The statute lists 20 specific factors courts consider, including the demonstrated capacity of each parent to encourage a close relationship with the other parent, the moral fitness of the parents, the mental and physical health of each parent, and the developmental needs of the child.
The 2023 Equal Timesharing Presumption. A change made in 2023 added a rebuttable presumption that equal timesharing is in the best interests of the child. The presumption applies at the start of every case. A party seeking a different schedule has the burden of showing, based on the statutory factors, that a departure from equal serves the child better. This reshaped how contested cases get handled.
Shared Parental Responsibility. Florida defaults to shared parental responsibility, which means both parents participate in major decisions about the child, including education, healthcare, and religious upbringing. Sole parental responsibility over some or all decisions is possible when shared is not in the child’s best interest, but it is the exception.
Parenting Plans. Under § 61.13(2)(b), any case involving minor children requires a parenting plan. The plan addresses the timesharing schedule, decision-making authority, communication between the parents and the child, designation for school-related purposes, and how the parents will handle disagreements. Courts review the plan before entering final judgment.
Relocation Rules. Under § 61.13001, a parent who wants to relocate more than 50 miles for at least 60 days must either obtain written agreement from the other parent or file a petition seeking court permission. The statute sets specific procedural requirements, and violations can affect custody.
Modifications. An existing timesharing order can be modified when there has been a substantial, material, and unanticipated change in circumstances, and the modification is in the best interest of the child. The burden is on the moving party. Routine changes don’t meet the standard.
Domestic Violence Considerations. When there has been a finding of domestic violence, it shifts the analysis significantly. Florida law specifically addresses how custody and timesharing should be handled in these cases, and the statutory factors include consideration of any history of domestic violence involving either parent.
Important Components of a Tampa Child Custody Case
Custody cases depend on important arguments made during litigation, supported by the right evidence. The elements below determine how these cases actually resolve.
Building the Record Early
The evidence we develop in the first weeks of a case is often more valuable than evidence developed later. We start building the record at the first consultation because memories fade and records get harder to obtain over time.
Framing the Case Around the Statutory Factors
Judges decide custody cases based on the factors in § 61.13. Evidence gets weighed against those factors. We frame the case around what the court will actually consider, rather than around what feels most important emotionally. The two are often different, and presenting the case in the statutory framework produces stronger outcomes.
Understanding the 2023 Presumption
The equal timesharing presumption is the starting point of every custody case now. If our client wants more than equal timesharing, we have to show facts that justify the departure. If the other side is seeking a departure, we have to rebut their case. Understanding how the presumption operates, and what evidence actually moves the needle, is central to strategy.
Drafting a Parenting Plan That Works
Parenting plans govern daily life for years. A plan that addresses holidays, school events, transportation, communication protocols, and decision-making authority with specificity reduces post-judgment conflict. A plan that leaves these points vague creates ongoing problems. We draft plans designed for the reality of co-parenting rather than for the moment of final judgment.
Handling Relocation Questions Correctly
The relocation statute has specific procedural requirements. Missing a step can prejudice the case. A parent who wants to move has to plan the filing carefully. A parent who wants to oppose relocation has to respond within specific timeframes. Relocation matters often involve evidence about the reasons for the move and the effect on the child’s relationship with the non-relocating parent.
Addressing Safety Concerns When They’re Real
Emergency motions and injunctions exist for situations where a child is at genuine risk. They should not be filed lightly, because the courts can tell the difference between real safety concerns and tactical filings. We raise these issues when the facts support them and pursue the right remedy.
Coordinating With Support and Other Claims
Timesharing affects child support. Overnights factor into the support calculation. Changes to the parenting plan often require parallel changes to support. We coordinate across the claims rather than treating them separately.
Preserving the Co-Parenting Relationship
Whatever happens in the case, the parents will continue to interact around the children for years. We encourage strategies that protect the possibility of functional co-parenting after the case ends. Legitimate issues still get pursued. Unnecessary escalation does not.
Avoiding Preventable Damage
Certain behaviors during a custody case can damage the outcome in ways that are hard to unwind. Interfering with the other parent’s timesharing creates a record that hurts at the next hearing and can factor into the best-interest analysis under § 61.13. Badmouthing the other parent in front of the children shows up later through testimony from teachers, counselors, and the children themselves. Bad-faith communication becomes evidence the moment it’s written down. Posting details of the case on social media turns private matters into a public record the other side can use.
Contact The McKinney Law Group
Your family is our passion, and custody matters are at the heart of that work. Whether you’re pursuing an initial order, responding to a petition, facing a modification request, or dealing with a situation where safety is a concern, early and experienced legal guidance makes a real difference. We work with parents 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 review what’s happening, explain how Florida law applies, and begin strategizing a path forward.