Child Custody Lawyer in Clearwater, FL
Protecting Your Parental Rights While Putting Children First
At McGuire Megna Attorneys, we understand that child custody matters are often the most emotionally charged and legally complex aspects of any family law case. Whether you’re going through a divorce, separation, or facing a post-judgment modification, the outcome of your custody case can have a lasting impact on your child’s well-being and your parental rights.
Our Clearwater-based legal team is committed to protecting your relationship with your child while ensuring that the custody arrangement reflects the best interests of your family. Attorney Gino A. Megna brings decades of experience in family law, working directly with clients throughout Pinellas County, Hillsborough County, and surrounding Florida communities.
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Florida Child Custody Laws and Your Rights
Florida law no longer uses terms like “custody” and “visitation.” Instead, the courts focus on “parental responsibility” and “time-sharing.” The goal is to encourage both parents to play an active and supportive role in their child’s life whenever possible.
In every case, the court’s priority is the best interests of the child, taking into consideration factors such as:
- The moral fitness of each parent
- The ability of each parent to provide a stable home
- The mental and physical health of the parents
- Each parent’s involvement in the child’s schooling and activities
- Any history of domestic violence or substance abuse
Whether you are pursuing joint parental responsibility or seeking sole time-sharing due to special circumstances, our team will work closely with you to build a strong, persuasive case that reflects the needs of your child.
Understanding the UCCJEA: Jurisdiction Matters in Custody Cases
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) plays a critical role in determining which state court has jurisdiction to rule on child custody issues. Florida adopted the UCCJEA on October 1, 2002, and it applies to any custody-related proceeding filed on or after that date, including motions for modification or enforcement.
The UCCJEA Helps To:
- Prevent jurisdictional conflict between states in custody disputes.
- Ensure custody decisions are made in the state best suited to evaluate the child’s welfare.
- Discourage child abductions across state lines.
- Avoid relitigation of custody issues already decided in other jurisdictions.
- Streamline enforcement of out-of-state and international custody decrees.
If your case involves more than one state—or even another country—McGuire Megna Attorneys can navigate the complex jurisdictional issues to protect your parental rights. We also have experience handling cases involving Indian tribes, international custody orders, and emergency custody relief.
Legal Services We Provide in Child Custody Matters
- Establishing or modifying parenting plans
- Time-sharing enforcement
- Emergency custody orders
- Parental relocation disputes
- Paternity-related custody issues
- Contempt proceedings for non-compliance
- Custody and time-sharing litigation under UCCJEA guidelines
Child custody cases can shape the rest of your child’s life — and yours. Don’t leave such an important matter to chance. Call McGuire Megna Attorneys today for a confidential consultation. We’ll help you understand your rights, options, and next steps.
Why Choose McGuire Megna Attorneys?
Clearwater attorney Gino A. Megna is known for his personalized representation and deep knowledge of Florida family law. At McGuire Megna Attorneys, we don’t just file paperwork — we advocate, negotiate, and when necessary, litigate aggressively to secure the most favorable outcome for you and your child.
We serve clients across Clearwater, Largo, Dunedin, Palm Harbor, St. Petersburg, and the entire Tampa Bay area. Whether you’re preparing for a custody battle or seeking to enforce or modify an existing order, we’re here to guide you every step of the way.
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John McGuire’s commitment is to provide you with the prompt, personal attention you deserve at every stage of representation. We take the time to listen to your concerns and provide you with the advice you need to proceed in the right direction, and we keep you informed as your case develops.
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Frequently Asked Questions
Navigating child custody in Florida can be emotionally and legally overwhelming, especially when your family’s future is at stake. At McGuire Megna Attorneys, we understand that parents in Clearwater and throughout Pinellas County are searching for clarity, guidance, and strong legal support. This FAQ section answers some of the most common questions about child custody, parental responsibility, time-sharing, and your rights under Florida law. Whether you’re beginning a custody case or seeking modifications, our goal is to help you make informed decisions that protect your child’s best interests and preserve your parental rights.
Florida no longer uses the terms “custody” or “visitation.” Instead, it focuses on parental responsibility (the right to make major decisions about the child’s life) and time-sharing (how much time each parent spends with the child). Courts generally favor arrangements that allow both parents to maintain a strong relationship with the child.
Custody decisions are based on what’s in the best interests of the child, as outlined in Florida Statute §61.13. The court will consider factors like the child’s emotional and physical needs, each parent’s ability to care for the child, the child’s school and community ties, and any evidence of abuse or neglect.
In rare cases, one parent may be awarded sole parental responsibility, especially if the other parent is deemed unfit due to substance abuse, domestic violence, or other concerns. However, Florida courts typically encourage both parents to share responsibilities unless it’s not in the child’s best interest.
If a parent fails to follow a court-ordered parenting plan, the other parent can file a motion for contempt or enforcement. The court may impose penalties, order makeup time-sharing, or take further action to ensure compliance.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) helps determine which state has authority to make custody decisions, especially in interstate or international cases. It prevents parents from “forum shopping” by moving to different states to seek a favorable outcome.
Yes, but you must prove a substantial, material, and unanticipated change in circumstances, and that the proposed change is in the child’s best interests. Common reasons include relocation, changes in employment, or concerns about the child’s safety.
This could be a violation of the existing custody order or Florida law. You should seek immediate legal counsel. Under the UCCJEA and certain emergency relief laws, Florida courts can intervene to protect the child and enforce custody rights.
While not legally required, hiring an experienced child custody attorney is highly recommended. These cases involve complex legal standards and personal stakes. An attorney can advocate for your parental rights, negotiate parenting plans, and represent you in court.