The Kirkner Family Law Blog
Resources, Q&A and Updates for Tampa Divorce, Family Law, Military Divorce and Child CustodyPreference of Child in Custody Determinations
Preference of Child in Custody Determinations In awarding or modifying custody, one of the factors considered by a court is the preference of a child, However, the extent to which the court will consider an expressed wish and how much weight the court will give that...
Modification of Custody based on Parental Unfitness
Modification of Custody based on Parental Unfitness If subsequent to the time a court awarded joint or sole legal custody to a parent, the parent becomes unfit to have custody of the child, a court will not hesitate to modify custody. Unfit Parent There are various...
Impact of Remarriage on Custody Arrangements
Impact of Remarriage on Custody Arrangements The fact that a parent remarries does not, of itself, require any change in the custody of a child. After a divorce, parents are free to form new relationships. As long as that new relationship does not adversely affect a...
Custody Enforcement through Writ of Habeas Corpus
In some states, where one parent has been granted custody but the other parent or a nonparent has refused to return the child to the custodial parent, the custodial parent may file for a writ of habeas corpus to request that the court order the child be returned. Writ...
