Miami family law attorney blog
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Miami parental timesharing
Posted by Nydia Streets of Streets Law in Florida Child Custody
Delay in entering a Florida family law final judgment may require that the court conduct another trial. This is especially true where children are involved. In a recent case in which the court entered a parenting plan one year after it held a trial, the appellate court reversed the final judgment because it was not based on evidence concerning the best interest of the children.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Is it easy to suspend a parent’s time-sharing in a Florida child custody case? If a parenting plan has been established and one parent alleges a threat to the safety or welfare of the children that requires suspension of time-sharing, it is possible for this to occur. The parent whose time-sharing is affected must be afforded due process. This means a fair process with notice to the parent that his or her time-sharing will be suspended.
Posted by Nydia Streets of Streets Law in Florida Child Custody
A Florida parenting plan generally cannot contain clauses that automatically change time-sharing in the future. This is called a prospective-based best interest analysis and is disfavored. This is because it is difficult to know what the best interest of a child will be in the future, and this should be examined in real time. This was an issue in the case T.A. v. A.S., 2D21-1236 (Fla. 2d DCA March 4, 2022).
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
A court-ordered Florida parenting plan usually cannot be based on future, speculative events. This is because no one knows the best interest of a child for most future events. This was an issue in the recent case C.G. v. M.M., 2D19-857 (Fla. 2d DCA May 20, 2020).
Posted by Nydia Streets of Streets Law in Florida Paternity
Can attorneys’ fees be awarded in a Florida paternity case? The short answer is yes. The parties may agree otherwise, but there are limits to how they can agree. This is highlighted in the case Nishman v. Stein, 2D19-697 (Fla. 2d DCA April 17, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent loses timesharing as a result of modification of a final judgment in Florida, is the court required to specify steps the parent must take to regain timesharing? This issue arose in the case C.N. v. I.G.C., 5D19-473 (Fla. 5th DCA March 6, 2020) in which the mother appealed the trial court’s modification of her parenting plan to grant the father primary custody.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Because supervised visits in Florida child custody cases usually severely restrict a parent’s access to a child, the law requires that certain provisions be included in an order which includes this type of visitation. The case T.D. v. K.F.., 2D18-4291 (Fla. 2d DCA November 8, 2019) goes over these provisions.
Posted by Nydia Streets of Streets Law in Florida Child Custody
How do you know if a Florida court has jurisdiction over your child custody case? The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a set of rules adopted by a majority of states which sets the standard for how a child custody case involving more than one state is to be handled. Sometimes, because parties move with their children before, during or after a child custody case is initiated, it may not be clear whether or not Florida has jurisdiction to rule on issues related to a parenting plan. This issue is highlighted in the case Awad v. Noufal, 2D18-3448 (Fla. 2d DCA September 13, 2019).
Posted by Nydia Streets of Streets Law in Florida Child Custody
In order to modify a Florida child custody order, a party must show there is a substantial change in circumstances which was not contemplated at the time the original order was entered. What constitutes a substantial change in circumstances? Changes that substantially impact a parent’s ability to follow the current parenting plan and/or affect the best interest of the parties’ children usually qualify as a substantial change. As with most issues in Florida family law, however, the answer relies on a case-by-case analysis. One such analysis is available in the recent appellate case Hollis v. Hollis, 2D18-2293 (Fla. 2d DCA June 19, 2019).
By Nydia Streets of Streets Law posted in Child Custody on January 19, 2016
If you are involved in a Miami child custody case, chances are you’ve heard about a parenting plan. A Florida parenting plan is essentially a blueprint you and the other parent of your child ideally will follow in raising your child in separate homes. This plan can be created by the court, or even better, created through the agreement of the parents. Today we discuss some basic parenting plan elements so that you can get the ball rolling on creating a strategy for child-rearing success.
