Providing Legal Representation for Family Law Issues

Family relationships are complex, and navigating the ups and downs that come with marriage and children can be challenging. Whether you are seeking a dissolution of marriage or you need to establish paternity and parental rights, having an understanding of how the family court system works in Florida can help you be more prepared.

At Winthrop Law Offices, our marital and family law attorneys can help you navigate this process, respond to filings, and protect your rights. Florida family law cases often involve high emotions and decisions that can change every aspect of your life. Ensure you have strong representation on your side by contacting our Tampa family law and divorce attorneys at 813-413-7140.

What Types of Cases Does a Family Law Attorney Handle?

Family law attorneys can represent you in cases in family court, which generally includes matters related to marital or family law. Our firm helps with the following types of family law cases in Hillsborough County:

Dissolution of Marriage (Divorce)

Legally ending a marriage is called dissolution of marriage in Florida, and it is one of the most common family law matters. It also often entails other issues, such as child custody (now called timesharing), child support, and distribution of property interests. Our attorneys can help you understand what factors are likely to be critical to your case and what strategy supports your goals.

Paternity

When a child is born to a married couple, the husband is automatically assumed by law to be the child’s father. This establishes automatic parental rights. But matters are much more complicated when a child is born outside of a marriage. While the mother has automatic parental rights, the father does not until paternity is legally established, either through a voluntary acknowledgement of paternity or through court-ordered genetic testing or other court proceeding.

Parental Responsibility and Time-Sharing (Child Custody)

What other states commonly refer to as child custody or visitation, Florida calls time-sharing. In many cases, the parents will share time equally, but some situations may call for a deviation from the assumption that equal time-sharing is in the best interests of the children. It’s no secret that child custody matters can get contentious quickly, but our attorneys can help you keep your priorities in mind and work toward a favorable resolution.

Child Support

In Florida, both parents are responsible for financially supporting their children. When they don’t live together, this often happens through child support paid from one parent to another. In most cases, the parent who has the children for the larger share of the time receives child support from the other, but equal time-sharing arrangements may alter this. Our experienced family law advocates can help with establishing, modifying, or enforcing child support orders.

When Is It Possible to Settle Out of Court?

Family law cases generally reach a faster resolution when the parties can work together toward a mutual agreement. Settling a matter out of court is also often much less stressful and can make it easier to maintain meaningful family relationships. If the parties can communicate civilly and work with their attorneys, a resolution through out-of-court negotiations may be possible. Mediation can also be an option that often results in a positive outcome, and in some cases, a family court judge may order the parties to at least attempt mediation before going forward with litigation.

If you agree to attempt mediation, you should still have your own legal representation to be your advocate and look out for your interests. An attorney can help you understand what to expect from the mediation process and review any proposed settlements to ensure that it’s something you’re willing to abide by. One of the benefits of mediation is that it’s a private proceeding, meaning anything that is discussed isn’t part of the public record.

Even if you aren’t able to agree on everything through mediation, coming to a resolution on some of the aspects can minimize the judge’s need to determine what and expedite the overall process. If mediation isn’t successful, the case proceeds to trial for formal litigation.

What Can You Do If a Court Order Isn’t Working?

While court orders regarding property division in dissolution of marriage cases are generally final, many other types of family law court orders can be modified as necessary. The most common types of orders that are modified are parental responsibility, time-sharing, and child support.

Parental responsibility and time-sharing orders are created with the children’s best interests in mind. But children grow up, and other circumstances besides that may change. Their schedules and needs change, as do those of the rest of the family. What worked when a child was in preschool, for example, is probably not going to still be in their best interests or make the most sense when they are in high school. Having a court order modified can ensure that the parenting schedule and allocation of decision-making responsibilities still align with what the child needs at this time.

It’s also possible that one parent is refusing to abide by the court order. A typical example is failure to pay child support. Lawful court orders are just that: orders. If a parent fails to abide by a court order, such as not meeting their child support obligations, the other party can file a petition with the court to request enforcement. What this looks like depends on the type of order, but it can include garnished wages, fines, and even jail time.

If you need help with the modification or enforcement of a court order, our attorneys can help. Contact our firm to find out what evidence you need to support your request and how to start the process.

How Long Do Family Law Cases Generally Take to Resolve?

Family law cases are complex and multifaceted. They also often involve situations where the parties feel very strongly about the matters and are willing to go through a trial and litigation to fight for what they want. This means that these cases often take months or even years to resolve, depending on the specifics of the situation and the parties involved.

How long the case takes to resolve often comes down to the parties’ willingness to communicate and cooperate. If every matter has to be decided by the judge through full litigation proceedings, it’s going to make the case take significantly longer. However, it’s absolutely possible to resolve matters quickly. Family law clients who can work with their attorneys to determine what’s most important to them and can keep their end goal in mind can often negotiate a settlement more quickly than it would take for the matter to go through the court system.

What Steps Can You Take to Protect Your Rights in a Family Law Dispute?

While there is often a large amount that is out of your control in a family law dispute, your actions can also have a significant impact on the process and the outcome. One of the most important things you can do to protect your rights and interests is to work with a Tampa family law attorney. A family law firm like Winthrop Law Offices has experienced family law attorneys who are ready and able to argue your case and fight for your rights, whether that’s establishing paternity so that you can have a relationship with your child or enforcing a child support order to ensure your child has the financial support they deserve.

Other steps you can take include:

• Prioritizing a civil co-parenting relationship
• Keeping communication in writing for a paper trail and easier evidence collection
• Responding promptly to any court filings or requests for more information from your attorney
• Abiding by any and all court orders and following the advice of your attorney

Our family law practice is made up of experienced Tampa divorce attorneys who are able to help with. Contact Winthrop Law Offices at 813-413-7140.