Miami family law attorney blog
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Modification of Florida child custody
Posted by Nydia Streets of Streets Law in Florida Child Custody
When parties enter a parenting plan in Florida, and it is ratified by a court order, there are limited situations in which that parenting plan can be cancelled. This was an issue in the case Chan v. Addison, 6D23-2856 (Fla. 6th DCA April 19, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Modification of a Florida parenting plan requires the parent seeking modification to show “(1) circumstances have substantially and materially changed since the original time-sharing determination, (2) the change was not reasonably contemplated by the parties, and (3) the child’s best interests justify changing the time-sharing plan.” Lyles v. Guffey, 305 So. 3d 839, 840 (Fla. 1st DCA 2020) (citing Garcia v. Guiles, 254 So. 3d 637, 640 (Fla. 1st DCA 2018)). Modification of a parenting plan was an issue in the case Heath v. Lee, 1D2022-2963 (Fla. 1st DCA October 25, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parenting plan is modified, there has to be a finding of a substantial, material and unanticipated change in circumstances. A finding must also be made that modification is in the best interest of the children. This was an issue in the case Davis v. Davis, 6D23-458 (Fla. 6th DCA May 19, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is a case management conference in a Florida family law case? This is a routine hearing at which the court determines the status of the case and the next steps for moving it forward. Unless all parties have been given proper notice, this type of hearing is not one at which the court can make substantive decisions about a case. This was an issue in the case Fulcher v. Allen, 6D23-957 (Fla. 6th DCA April 21, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Florida child custody orders are modifiable under certain circumstances. Sometimes emergencies arise which affect the best interest of the children involved in the case. This must be weighed with due process rights of both parents. This was an issue in the case Saenz v. Sanchez, 3D22-1476 (Fla. 3d DCA April 19, 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
Generally, a Florida parenting plan cannot have provisions which provide for automatic modification of a parenting plan in the future. This is because the court cannot assess the future best interest of the child. However, the recent case N.B. v. R.V. 2D22-195 (Fla. 2d DCA January 18, 2023) discusses an exception to this rule.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When filing a petition for modification of a Florida parenting plan, a parent has to be careful to include all desired relief in his or her petition. This is because the court cannot grant relief that is not requested in the petition, as doing so would violate the due process rights of the other parent. This was an issue in the case Picard v. Picard, 2D21-3500 (Fla. 2d DCA December 21, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Parents who cannot get along usually find themselves in court repeatedly after a final judgment is entered in a Florida child custody case. As always, the court must sort through the parties’ disagreements to arrive at decisions which are in the best interest of the children involved. Sometimes this involves referring the children to therapeutic services. This was an issue in the case Logreira v. Logreira, 3D21-0915 (Fla. 3d DCA September 21, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Modifying a Florida parenting plan requires the showing of a substantial, material, and unanticipated change of circumstances, according to the Florida Statutes. If a party appeals a trial court’s decision to modify a parenting plan, an appellate court will analyze whether competent, substantial evidence supports the trial court’s decision. This was an issue in the case Miedes v. Ideses, 3D21-1112 (Fla. 3d DCA August 24, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When is supervised visitation appropriate in a Florida child custody case? Since supervision is a restriction that greatly affects a parent’s access to a child, it may be viewed with a certain level of scrutiny. This was an issue in the case E.M. v. E.G., 2D21-1450 (Fla. 2d DCA July 6, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a parent’s time-sharing be suspended without notice? Usually, no. Due process requires that all parties have notice of what will happen in their case so that they are prepared to defend against allegations made. The law generally considers “surprise” actions to be unfair in the course of litigation. Notice was an issue in the case Oddo v. Oddo, 5D22-0142 (Fla. 5th DCA June 3, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent withholds time-sharing from another parent, this may form the basis for a court to modify a Florida parenting plan. In order for this to happen, the parent who has been denied time-sharing must request the modification, and the court must find that the modification is in the best interest of the child. Modification on this basis was an issue in the case Nicholas v. Grant, 2D20-3298 (Fla. 2d DCA October 20, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
If a parent is not following a Florida parenting plan, can the court change the plan? Under certain circumstances, a parenting plan can be amended when it is not being abided by. This was an issue in the case Bruno v. Moreno, 2D20-3172 (Fla. 2d DCA August 25, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
In order to modify a Florida parenting plan, a party must file a petition and not a motion. A petition is different from a motion because it requires that a process server deliver the petition to the opposing party and the opposing party has the opportunity to respond with an appropriate pleading. This was discussed in the case Patel v. Patel, 1D20-3231 (Fla. 1st DCA July 19, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
How do I enforce a child custody order from another state in Florida? This is a question many parents may have when moving to Florida or when their child moves to Florida. Certain steps must be followed to ensure that Florida recognizes the order and has the authority to enforce it. This was an issue in the case Bender v. Bender, 2D20-3614 (Fla. 2d DCA June 11, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
The standard for modification of a Florida parenting plan is a substantial, material change in circumstances that was not contemplated at the time of entry of the parenting plan. The court must find that a modification is in the best interest of the child. Does this change have to be permanent to qualify for the modification standard? This was explored in the case P.D.V-G. v. B.A.V.-G., 2D20-1178 (Fla. 2d DCA May 7, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
In most cases, a parent may not relocate more than 50 miles from his or her current residence with the parties’ minor child without the written permission of the other parent or a court order. How does this provision affect active duty military service members who may have to relocate frequently due to military orders? This was an issue in the case Amiot v. Olmstead, 1D20-680 (Fla. 1st DCA May 11, 2021) in which the primary focus was on the trial court’s award of prospective time-sharing to the mother, an active duty servicemember, if she moved back to Florida.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a final judgment in a Florida family law case is inconsistent with exhibits such a parenting plan, confusion can follow. In the case Couture v. Couture, 1D20-2722 (Fla. 1st DCA April 1, 2021), a final judgment gave the father majority time-sharing, but the parenting plan attached did not reflect that.
Posted by Nydia Streets of Streets Law in Florida Child Custody
A therapist who treats a minor child may be barred from testifying about the child’s treatment by Florida’s psychotherapist-patient privilege. This privilege means information related to the treatment is confidential and may only be disclosed if allowed by the patient. In the case of a minor child who is not competent to decide whether privilege should be waived, who can speak for the child in this regard? This was an issue in the case S.H.Y. v. P.G., 2D19-4646 (Fla. 2d DCA March 26, 2021).
