Posted by Nydia Streets of Streets Law in Florida Child Custody
When an unwed father and mother disagree on child custody, and there is no court order concerning a time-sharing arrangement, who has superior custody rights? Prior to July 1, 2023, the Florida Statutes granted an unwed mother of a child born outside of wedlock superior custody rights. However, a change in the law recognizes the parental rights of a man who has established paternity under Florida law. This was an issue in the case McClam v. Carrier, 4D2023-0787 (Fla. 4th DCA October 18, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is a writ of certiorari in a Florida child custody case? This is a way to appeal a decision of a trial court that is alleged to cause irreparable harm. In many cases, it may not be possible to appeal a temporary order entered in a case. However, this writ allows for appeal of some temporary orders. This was an issue in the case Payne v. Koch, 5D21-2427 (Fla. 5th DCA April 14, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A basic rule in Florida family law cases is that a party must be on notice of relief that may be granted at a hearing. In the case Ramirez v. Ramirez, 4D19-3260 (Fla. 4th DCA March 18, 2020), the court considered the issue of a mother’s appeal of an award of temporary sole parental responsibility to the father.
