Category Archives: Child Custody

Effective July 1, 2023 many changes to family laws in Florida have been made.

One of the changes is an amendment to a recent law regarding the mental health care of a minor child.

It states that either parent may bring the child to a mental health care provider without the consent of the other parent, unless it is prohibited by a parenting plan.

Here at The Law Offices of Gary S. Dolgin, we have been helping mothers and fathers with child custody for over 33 years in the Tampa area.

We have also been committed to protecting children’s best interests while helping to advocate for their parent’s rights.

If you have any questions about the new laws which have taken effect July 1, 2023, we are happy to help you.

To schedule a child custody consultation with Gary Dolgin, give us a call at (813) 999-2772, and it will be our pleasure to help you.

Learn more about child custody by visiting:
Best Child Custody Lawyer in Tampa Florida, Gary Dolgin

Effective July 1, 2023 significant changes to timesharing laws in Florida have been made.

There is now a presumption that equal timesharing is in the best interest of all children.

However, that presumption can be overcome by proving your case by a preponderance of the evidence.

The new law states:

“Unless otherwise provided in this section or agreed to by the parties, there is a rebuttable presumption that equal time-sharing of a minor child is in the best interests of the minor child. To rebut this presumption, a party must prove by a preponderance of the evidence that equal timesharing is not in the best interests of the minor child. Except when a time-sharing schedule is agreed to by the parties and approved by the court, the court must evaluate all of the factors set forth in subsection (3) and make specific written findings of fact when creating or modifying a timesharing schedule.”

Here at The Law Offices of Gary S. Dolgin, we have been helping mothers and fathers with child custody for over 32 years in the Tampa area.

We have also been committed to protecting children’s best interests while helping to advocate for their parent’s rights.

If you have any questions about the new laws which have taken effect July 1, 2023, we are happy to help you.

To schedule a child custody consultation with Gary Dolgin, give us a call at (813) 999-2772, and it will be our pleasure to help you.

Learn more about child custody by visiting:
Child Custody Attorney Tampa, Gary Dolgin

Effective July 1, 2023 significant changes to timesharing laws in Florida have been made.

Family law governing the modification of the timesharing plan has been changed to include the following:

If the parents of a child are residing greater than 50 miles apart at the time of the entry of the last order establishing timesharing and a parent moves within 50 miles of the other parent, then that move may be considered a substantial and material change in circumstances for the purpose of a modification to the timesharing schedule, so long as there is a determination that the modification is in the best interests of the child.

Here at The Law Offices of Gary S. Dolgin, we have been helping mothers and fathers with child custody for over 32 years in the Tampa area.

We have also been committed to protecting children’s best interests while helping to advocate for their parent’s rights.

If you have any questions about the new laws which have taken effect July 1, 2023, we are happy to help you.

To schedule a child custody consultation with Gary Dolgin, give us a call at (813) 999-2772, and it will be our pleasure to help you.

Learn more about child custody by visiting:
Tampa Child Custody Attorney, Gary Dolgin

The right of a natural parent to enjoy the custody, fellowship, and companionship of his or her child can be abrogated only when the ultimate welfare or best interest of the child requires the termination of parental rights.

Unless the natural parents are found to be unfit or have relinquished their rights, nonparents cannot be given custody of minor children.

In Bushman v. Bushman, 475 So.2d 730 (Fla. 1st DCA 1985), the court acknowledged that after Pape and D.A.McW., the best interest of the child was no longer the standard to be applied in awarding custody to nonparents.

A trial court cannot engage in a ‘best interests of the child’ analysis unless and until there is sufficient proof to establish parental unfitness or substantial threat of significant and demonstrable harm to the child. LiFleur, 138 So.3d at 574, citing Richardson b. Richardson, 766 So.2d 1036 (Fla. 2000).

Here at The Law Offices of Gary S. Dolgin, we have been helping mothers and fathers with child custody for over 30 years in the Tampa area.

We have also been committed to protecting children’s best interests while helping to advocate for their parent’s rights.

If you are having any child custody issues such as relocation, determining parental responsibility, time-sharing problems, or any other custody issue that may be causing an unhealthy situation for your child, or negatively affecting your parental rights, we are here to help you.

To schedule a child custody consultation with Gary Dolgin, give us a call at (813) 999-2772, and it will be our pleasure to help you.

Learn more about child custody by visiting:
Tampa Child Custody Lawyer, Gary Dolgin

Before ordering “electronic communication,” as defined in F.S 61.046(5), a court must consider if it is in the best interest of the child; whether the equipment or technology is affordable and accessible to the parties; the parties’ history of domestic violence or substance abuse; and any other factor the court deems material.

The court may also set safeguards or guidelines for such electronic communication.

The court must allocate the expense of the electronic communication.

Each parent must provide the other parent the access information (e.g., email address, webcam information, telephone number) and notify the other parent of any change within seven days.

Electronic communication may not be used to replace face-to-face parenting time.

Here at The Law Offices of Gary S. Dolgin, we have been helping mothers and fathers with child custody for over 30 years in the Tampa area.

We have also been committed to protecting children’s best interests while helping to advocate for their parent’s rights.

If you are having any child custody issues such as relocation, determining parental responsibility, time-sharing problems, or any other custody issue that may be causing an unhealthy situation for your child, or negatively affecting your parental rights, we are here to help you.

To schedule a child custody consultation with Gary Dolgin, give us a call at (813) 999-2772, and it will be our pleasure to help you.

Learn more about child custody by visiting:
Child Custody Lawyer Tampa FL, Gary Dolgin

The proper religious training of a child is an important matter that should be considered by a court determining parental responsibility issues.

Religion must be viewed in conjunction with all the other considerations that bear on a child’s best interest.

The general rule regarding the trial court’s decisions on disputes over religion was aptly stated by the District Court of Appeal, Fourth District, in Abbo v. Briskin, 660 So.2d 1157, 1161 (Fla. 4th DCA 1995):

“The question of a child’s religion must be left to the parents even if they clash. A child’s religion is no proper business of judges.”

Thus, trial courts cannot enjoin a parent from raising his or her child in the religion of the parents’ choice.

Restrictions on parents exposing their children to their religious beliefs and practices have regularly been overturned, unless there is an affirmative showing that the activity is harmful to the children.

Here at The Law Offices of Gary S. Dolgin, we have been helping mothers and fathers with child custody for over 30 years in the Tampa area.

We have also been committed to protecting children’s best interests while helping to advocate for their parent’s rights.

If you are having any child custody issues such as relocation, determining parental responsibility, time-sharing problems, or any other custody issue that may be causing an unhealthy situation for your child, or negatively affecting your parental rights, we are here to help you.

To schedule a child custody consultation with Gary Dolgin, give us a call at (813) 999-2772, and it will be our pleasure to help you.

Learn more about child custody by visiting:
Child Custody Lawyer Tampa, Gary Dolgin

With regards to child custody, the psychological condition of the parents is relevant to a determination of the best interests of the child.

Furthermore, the parents’ present ability to cope with day-to-day living is relevant.

A court-ordered psychiatric or psychological examination may be considered a suggested method for balancing the court’s need to determine the mental health of the parents as it relates to the best interests of the child, and the need to maintain confidentiality between treating psychotherapists and patients.

Here at The Law Offices of Gary S. Dolgin, we have been helping mothers and fathers with child custody for over 30 years in the Tampa area.

We have also been committed to protecting children’s best interests while helping to advocate for their parent’s rights.

If you are having any child custody issues such as relocation, determining parental responsibility, time-sharing problems, or any other custody issue that may be causing an unhealthy situation for your child, or negatively affecting your parental rights, we are here to help you.

To schedule a child custody consultation with Gary Dolgin, give us a call at (813) 999-2772, and it will be our pleasure to help you.

Learn more about child custody by visiting:
Custody Lawyer Tampa FL, Gary Dolgin

“The mental and physical health of the parents” is a factor that the court should consider in determining the best interest of the child.

F.S. 61.13(3)(g).Fla.Fam.L.R.P.12.360 allows the examination of a person by experts other than physicians and may be used to obtain a compulsory examination of a parent if that parent’s mental condition has been placed in controversy.

However, a parent’s mental condition is not placed at issue simply because they are seeking child “custody.”

In addition, simply initiating a proceeding when there is a parenting dispute does not place a parent’s mental condition in controversy for purposes of compulsory examination.

Here at The Law Offices of Gary S. Dolgin, we have been helping mothers and fathers with child custody for over 30 years in the Tampa area.

We have also been committed to protecting children’s best interests while helping to advocate for their parent’s rights.

If you are having any child custody issues such as relocation, determining parental responsibility, time-sharing problems, or any other custody issue that may be causing an unhealthy situation for your child, or negatively affecting your parental rights, we are here to help you.

To schedule a child custody consultation with Gary Dolgin, give us a call at (813) 999-2772, and it will be our pleasure to help you.

Learn more about child custody by visiting:
Tampa Custody Attorney, Gary Dolgin