Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a court award shared parental responsibility and ultimate decision-making authority at the same time? Shared parental responsibility means both parents must confer and jointly make decisions regarding their child. Ultimate decision-making authority means that although the parties must confer, only one parent ultimately makes the decision if they disagree. This was an issue in the case Johnson v. Johnson, 4D2023-3111 (Fla. 4th DCA September 4, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Inconsistencies in a Florida family law final judgment can leave the parties in a place of uncertainty. This is why it may be important to address inconsistencies through appropriate filings with the court, especially as it relates to the best interest of children. This was an issue in the case Dowers v. Johnson, 4D2024-0493 (Fla. 4th DCA July 31, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What happens when a judge’s written ruling does not match the judge’s oral ruling in a Florida family law case? Usually, a judge will orally announce a ruling at a hearing to the parties and then a written order documenting the ruling will be entered later. Inconsistencies between the oral and written orders were an issue in the case Silver v. Goodrich, 4D2024-0259 (Fla. 4th DCA June 5, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent is sentenced to a lengthy imprisonment, how does this affect child custody rights in Florida? The paramount concern in a Florida child custody case is the best interest of a child. While there is no one-size-fits-all approach to addressing cases in which one parent is incarcerated, the court can take into consideration the feasibility of visits with the incarcerated parent and telephone communication. This was an issue in the case Mitchell v. Ahmed, 1D2022-1896 (Fla. 1st DCA December 13, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is a psychological parent in the context of a Florida family law case? This is a person who acts as a parent to a child (the child may even refer to this person as a parent) but the person is not actually a legal parent of the child. This is common in the case of stepparents or other relatives who may step into the role of a parent for a child. Florida generally does not recognize any rights for psychological parents. So if a legal parent objects to the psychological parent being involved in a child’s life, it is very likely that the psychological parent will not be granted any rights to the child. This was an issue in the case Quiceno v. Bedier, 3D23-203 (Fla. 3d DCA August 23, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A parent who is shown to have anger and substance abuse issues may be limited to supervised visits with a child. Can a court order that parent to attend counseling, to refrain from consuming alcohol and/or to join Alcoholics Anonymous (AA)? This was an issue in the case Tucker v. Tucker, 5D23-208 (Fla. 5th DCA July 7, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Modifications to a parent’s time-sharing in Florida generally cannot be done without notice to the parent. This means a motion and an opportunity to be heard. Sometimes courts schedule case management conferences which are hearings at which the court determines the status of the case, and the next steps. These are not usually noticed as evidentiary hearings, so when substantive action is taken in a case at these types of hearings, there are due process concerns. This was an issue in the case Nomura v. Hata, 3D22-1731 (Fla. 3d DCA January 18, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is a social investigation in a Florida child custody case? According to the Florida Statutes, “In any action where the parenting plan is at issue because the parents are unable to agree, the court may order a social investigation and study concerning all pertinent details relating to the child and each parent when such an investigation has not been done and the study therefrom provided to the court by the parties or when the court determines that the investigation and study that have been done are insufficient. [. . .] A social investigation and study, when ordered by the court, shall be conducted by qualified staff of the court; a child-placing agency licensed pursuant to s. 409.175; a psychologist licensed pursuant to chapter 490; or a clinical social worker, marriage and family therapist, or mental health counselor licensed pursuant to chapter 491.” See Fla. Stat. Chp. 61.20.
Posted by Nydia Streets of Streets Law in Florida child custody
When a parent undermines the other parent’s attempts to meaningfully co-parent or make important decisions about a child’s welfare, a motion for contempt or enforcement may be appropriate. However, a petition for modification of a parenting plan may also be proper. This was an issue in the case Matheson v. Matheson, 2D21-1780 (Fla. 2d DCA December 7, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Before a court can change a Florida parenting plan, both parties must be on notice of what to expect before a hearing is held. This notice is usually given by way of a motion filed by a party. In the motion, the party states allegations made against the other party and requests the relief desired. If a court grants relief not requested by a party, the order may be subject to appeal. This was an issue in the case Bowers v. Smith, 5D22-730 (Fla. 5th DCA November 7, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A guardian ad litem in a Florida child custody case can hire an attorney to collect fees due for services. The party who owes the money to the guardian ad litem could be liable for the guardian’s attorney’s fees. The award of fees must be supported by certain findings. This was an issue in the case Tripodi v. Nacer, 3D21-2234 (Fla. 3d DCA October 19, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
How are travel costs taken into account when parents do not live in the same state, or even the same country, in a Florida child custody case? Travel costs to effectuate time-sharing are part of child support considerations and the court must apportion the same appropriately. Exorbitant travel costs were an issue in the case Hiatt v. Mathieu, 4D22-1198 (Fla. 4th DCA August 24, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Termination of a parent’s rights in Florida requires a three-prong test: “A petitioning party must first prove at least one of the enumerated statutory grounds for termination of parental rights by clear and convincing evidence. N.B. v. Dep’t of Child. & Fams., 289 So. 3d 29, 32 (Fla. 3d DCA 2019). The trial court must then consider whether termination is in the best interests of the child. Finally, because the fundamental right of parents to procreate and make decisions regarding the care, custody, and control of their children is recognized by both the Florida Constitution and the United States Constitution, and the right ‘does not evaporate simply because they have not been model parents,’ [. . .], a petitioning party must further prove that termination is ‘the least restrictive means of protecting the child from serious harm.’” This is explored in the case M.M.W. v. J.W., 3D21-2419 (Fla. 3d DCA August 3, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When parents cannot agree on home schooling, what do they do in Florida? If they have a Florida child custody case that is pending or was once pending, they may be able to have the court resolve the dispute. This was an issue in the case Hassenplug v. Hassenplug, 2D21-2729 (Fla. 2d DCA June 29, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What are the requirements of a Florida parenting plan? According to the Florida Statutes, a parenting plan approved by the court at a minimum, must:
1. Describe in adequate detail how the parents will share and be responsible for the daily tasks associated with the upbringing of the child;
2. Include the time-sharing schedule arrangements that specify the time that the minor child will spend with each parent;
3. Designate who will be responsible for: a. Any and all forms of health care. If the court orders shared parental responsibility over health care decisions, the parenting plan must provide that either parent may consent to mental health treatment for the child. b. School-related matters, including the address to be used for school-boundary determination and registration. c. Other activities; and
4. Describe in adequate detail the methods and technologies that the parents will use to communicate with the child.
This was an issue in the case Hernandez v. Mendoza, 4D21-1866 (Fla. 4th DCA June 22, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Does a father of a child born outside of wedlock have custody rights? When an unwed father signs an acknowledgement of paternity to be named as the father on a birth certificate, it creates a presumption that he is the legal father of the child in Florida. If neither parent rescinds the acknowledgement or files a judicial action relating to the child within sixty days, the voluntary acknowledgement establishes paternity subject to exceptions. Fla. Stat. § 742.10(4). Does this paternity status give a father a right to obtain custody of a child via a pick-up order? This was an issue in the case Nelson v. Mirra, 5D21-2469 (Fla. 5th DCA March 21, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a child sees a therapist or other mental health professional, can a parent request the records of the therapy sessions? The patient-therapist privilege, in the case of a minor, belongs to the minor’s parent or guardian. However, a court can hold that a parent is barred from waiving the privilege. This was an issue in the case Bentrim v. Bentrim, 4D21-1303 (Fla. 4th DCA March 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is an order of referral to a general magistrate in a Florida family law case? This is an order issued by the judge in the case which refers a motion or petition to a general magistrate for a hearing. A general magistrate is what is known as a hearing officer - he or she is not a judge, but presides over a hearing, reviews evidence and testimony, and makes a recommendation to the judge about how to rule on the motion or petition. The judge then ratifies the recommendation if there are no timely objections from either party. An order entered based on a general magistrate’s recommendation was the subject of an appeal in the case Toledano v. Garcia, 3D21-85 (Fla. 3d DCA February 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is a pick-up order in a Florida child custody case? This type of order is usually entered after a parent shows that the other parent or another person wrongfully has physical custody of a child. The order allows law enforcement authorities to pick-up the child and deliver the child to the parent who was granted the pick-up order. This was an issue in the case Hodge v. Babcock, 3D22-0167 (Fla. 3d DCA February 16, 2022).
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).
