Miami family law attorney blog
Viewing entries tagged
Florida Supervised Timesharing
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent is denied contact with his or her children, there are remedies that can be sought in court. A Florida child custody court retains jurisdiction to modify a parenting plan, including time-sharing, until the children turn 18. When a case gets “stuck” in the system, a parent may need to appeal to a higher court. This was an issue in the case Cisneros v. Guinand, 3D21-1910 (Fla. 3d DCA December 15, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
How do you preserve your right to appeal in a Florida family law case? In most cases, it is necessary to make the appropriate objections on the trial level and to file a motion for rehearing. Failure to do so may mean your appeal is denied. This was discussed in the case Spaulding v. Spaulding, 1D20-168 (Fla. 1st DCA August 23, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Supervised visits in a Florida child custody case are ordered when a court finds that unsupervised visits are not in the best interest of a child. This could be because a parent has placed a child in dangerous situations previously or the parent has otherwise demonstrated that he or she is incapable of protecting the child’s welfare with unsupervised visits. When supervised visits are ordered, a court usually has to state how the parent can eventually gain unsupervised visits. This was an issue in the case Natali v. Natali, 2D20-513 (Fla. 2d DCA March 26, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Shared parental responsibility in Florida is routinely awarded unless a parent can show having shared parental responsibility is detrimental to a child. There is also the option of awarding shared parental responsibility, but granting ultimate decision making authority to one parent. This issue was appealed in the case Glevis v. Glevis, 2D19-4530 (Fla. 2d DCA January 15, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Modification of a Florida parenting plan requires a showing of a substantial change in circumstances that was not contemplated at the time the original parenting plan was entered. In the case Kyle v. Carter, 1D19-2014 (Fla. 1st DCA February 19, 2020), the former husband sought a modification of a parenting plan which was granted by the trial court and appealed by the former wife.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When are supervised visits ordered in a Florida child custody case? This type of timesharing restricts the affected parent to visits with his or her children only in the presence of a court-appointed supervisor or therapist. The purpose is to ensure the safety of the children and to address any issues that are a barrier to unsupervised visits. As we see in the recent appellate case Pierre v. Bueven, 3D18-1313 (Fla. 3d DCA June 6, 2019), a court order for supervised visits must include specific provisions.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Florida family courts have ruled repeatedly that a parent cannot be ordered to have supervised timesharing without specified steps that lead to unsupervised timesharing. Additionally, a court cannot delegate timesharing decisions to one parent. These holdings are found in the recent appellate case Lightsey v. Davis, 4D18-2848 (Fla. 4th DCA March 6, 2019).
