Miami family law attorney blog
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Florida child custody case
Posted by Nydia Streets of Streets Law in Florida Child Custody
Issue about which court has the authority to rule in a child custody case when the parties have ties to more than one state are governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The aim of this Act is to reduce jurisdictional conflicts and promote the best interest of a child. Enforcement of this act was an issue in the case Dorvil v. Atwell, 3D24-0029 (Fla. 3d DCA December 4, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
The Florida relocation statute contains requirements which must be followed to avoid dismissal or denial of a request for relocation. One such requirement is that if a request to move is based on a job offer that has been reduced to writing, the offer must be attached to the petition. This was an issue in the case Lane v. Fuller, 5D2023-1943 (Fla. 5th DCA June 7, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Under Florida law, a parent who is incarcerated or will be for a substantial period of time may be at risk of losing parental rights to a child. Is house arrest considered incarceration for this purpose? This was an issue in the case K.M. v. K.B., 4D2023-2158 (Fla. 4th DCA March 13, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Terminating a parent’s rights in Florida requires that the court make findings with clear and convincing evidence that “(1) [at least one statutory ground exists] for terminating parental rights set forth in Fla. Stat. Chp. 39.806(1); (2) termination is in the manifest best interest of the child; and (3) termination is the least restrictive means to protect the child from serious harm.” Molina v. Fuenmayor, 3D22-1756 (Fla. 3d DCA November 1, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Due process usually requires that all parties be on notice as to what will be considered at trial. Notice is typically given via the pleadings. If a party tries to request something at a hearing or trial that was not included in their pleadings, the other party can object. If the other party does not object, the issue may be tried by consent. This was discussed in the case Alarcon v. Dagen, 3D22-140 (Fla. 3d DCA November 8, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent moves out-of-state with a child after Florida has made an initial child custody determination, can the other state assume jurisdiction over the child for purposes of entering further orders concerning child custody? The answer depends on factors listed in chapter 61.515 of the Florida Statutes. This was an issue in the case Litsch v. Litsch, 5D22-2632 (Fla. 5th DCA October 13, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Florida law has changed as it relates to paternity beginning July 1, 2023. Now, unwed fathers have greater standing when it comes to asserting parental rights. Before, the mother of a child born out of wedlock was considered the natural guardian of the child and therefore entitled to full custody and control of the child until a court order was entered otherwise. Recent legislation changed this. The case Miller v. Gordon, 1D22-888 (Fla. 1st DCA July 5, 2023) was decided based on now inapplicable law, but it still makes an important distinction when it comes to determining a temporary parenting plan.
Posted by Nydia Streets of Streets Law in Florida Child Custody
A parenting coordinator can be appointed in a Florida family law case to assist parents with conflict resolution. The Florida Statutes provide: “The purpose of parenting coordination is to provide a child-focused alternative dispute resolution process whereby a parenting coordinator assists the parents in creating or implementing a parenting plan by facilitating the resolution of disputes between the parents by providing education, making recommendations, and, with the prior approval of the parents and the court, making limited decisions within the scope of the court’s order of referral.” See Fla. Stat. Chp. 61.125. This was an issue in the case Thorton v. WIldes, 4D22-0657 (Fla. 4th DCA March 22, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
If a party refuses to appear at a hearing in a Florida family law case, can their consent to have matters heard by the court in their absence by implied? Due process is an important and required part of any family law case, and if a party is not on notice about what will be decided at a hearing, that party may have a claim for violation of due process. This was an issue in the case Athienitis v. Makris, 2D21-2376 (Fla. 2d DCA September 16, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
“What happens if I don’t show up to trial in my Florida family law case?” is a question asked in some cases. The consequences of failing to participate in your own trial may be irreversible and detrimental to you. Not showing up means the judge will not hear your full side of the story. This was an issue in the case Pimienta v. Rosenfeld, 3D20-606 (Fla. 3d DCA May 4, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Therapists and guardians ad litem can be appointed in Florida child custody cases to assist the court in determining what is in the best interest of a child. However, there is a fine line between taking recommendations from these professionals and allowing them to determine when or how time-sharing should occur, for example. This was an issue in the case Barrack v. Barrack, 4D21-536 (Fla. 4th DCA June 30, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
How much notice must be given to a party before he or she is required to undergo drug testing in a Florida child custody case? Due process requires that a party be given adequate advance notice of a hearing and an opportunity to prepare. In the case Lopez v. Frometa, 3D21-911 (Fla. 3d DCA June 2, 2021), at issue was an order entered at a hearing after the parties were given a little over one-hour of notice that the hearing was to occur.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When parents cannot agree on a school in which to enroll their child, how does the court decide what is in the best interest of the child? The school boundary determination or designation is usually included in a Florida parenting plan. This is a statement of which parent’s address will be used to register the child for school. But if this is missing, or the parents ultimately do not agree before a parenting plan is entered, the court considers the best interest of the child. This was an issue in the case Velez v. Lafontaine, 5D20-2350 (Fla. 5th DCA April 30, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A guardian ad litem can be appointed in a Florida child custody case to help a judge determine the best interest of a child when parents cannot agree. The guardian’s fees are usually paid by the parent with the court determining what percentage of the fee each parent should pay. The payment of a guardian’s fee was an issue in the case Helinski v. Helinski, 3D19-2270 (Fla. 3d DCA March 31, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Parties to a Florida family law proceeding have the right to have court reporter appear at and record a hearing. This is often important to do in order to preserve a party’s appellate rights. Without a transcript of the trial court’s proceedings, an appellate court may not be able to determine if an error was committed. This is illustrated in the case Posso v. Sierra, 5D20-578 (Fla. 5th DCA February 12, 2021).
Posted by Nydia Streets of Streets Law in Florida child custody
Can a parent’s improved mental health be a basis for modifying a Florida child custody order? This was at issue in the case Bell v. Bell, 1D19-2784 (Fla. 1st DCA April 23, 2020) in which the former wife appealed an order granting the former husband’s petition for modification.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent continuously violates a child custody order and negatively affects the other parent’s access to a child, what remedies are available in Florida? The parent may be held in contempt for willful violation of a court’s orders as happened in the case Thompson v. Melange, 1D19-854 (Fla. 1st DCA January 21, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Is a child repeating a school grade enough to warrant modification of timesharing? This issue was considered in the case Light v. Kirkland, 1D19-2012 (Fla. 1st DCA January 21, 2020) in which the trial court considered the acrimonious relationship between the parents and tied this to the child’s poor performance in school.
Posted by Nydia Streets of Streets Law in Florida Child Custody
A Florida parenting plan can be modified upon a showing of a substantial change in circumstances that was not contemplated at the time the plan was entered. There must also be a showing that a modification of the plan would be in the best interest of the child. In Hutchinson v. Hutchinson, 1D19-946 (Fla. 1st DCA December 27, 2019), the former wife appealed an order modifying timesharing.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When both parents are unable to maintain custody of their child in Florida, it is possible to grant temporary custody to extended relatives such as grandparents, aunts and uncles. This can be accomplished by agreement or by a showing that the parents are unfit to look after the best interest of the child. In the case Kitchen v. Cerullo, 3D18-1603 (Fla. 3d DCA December 18, 2019), the father appealed an order which took away his recently granted custody rights and granted temporary custody to his child’s maternal grandmother.
