Miami family law attorney blog
Viewing entries tagged
Sole Parental Responsibility
Posted by Nydia Streets of Streets Law in Florida Child Custody
Shared responsibility is presumed to be in the best interest of a child under Florida law. This presumption can be overcome if a parent can prove that shared parental responsibility is detrimental to a child. This was an issue in the case Mooningham v. Mooningham, 5D22-1800 (Fla. 5th DCA April 28, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
It is presumed in Florida child custody cases that shared parental responsibility is in the best interest of children. Shared parental responsibility refers to the right of both parents to make decisions affecting the welfare of their children. Both parents must agree on decisions affecting the welfare of the children. If a parent is granted sole parental responsibility, this means only one parent has the right to make decisions. This was an issue in the case De La Fe v. De La Fe, 2D20-2635 (Fla. 2d DCA December 8, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A basic rule in Florida family law cases is that a party must be on notice of relief that may be granted at a hearing. In the case Ramirez v. Ramirez, 4D19-3260 (Fla. 4th DCA March 18, 2020), the court considered the issue of a mother’s appeal of an award of temporary sole parental responsibility to the father.
Posted by Nydia Streets of Streets Law in Florida child custody
What happens when a parent does not show up for a trial in a Florida child custody case? This issue arose in the case Booth v. Hicks, 2D18-4651 (Fla. 2d DCA March 18, 2020) in which the mother appealed a final judgment that granted the father sole parental responsibility and certain timesharing after she failed to appear at the final hearing.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Modification of a parenting plan, including parental responsibility, requires a showing of a substantial change in circumstances that was not contemplated at the time of entry of the current parenting plan. In Ezra v. Ezra, 3D19-0704 (Fla. 3d DCA February 5, 2020), the court considered an appeal centered around a lower court’s modification of the parenting plan to grant the former wife sole parental responsibility regarding educational and medical decisions.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When parties to a Florida divorce just cannot get along, does this justify awarding sole parental responsibility to one parent? This issue arose in the case Musgrave v. Musgrave, 2D18-2792 (Fla. 2d DCA November 27, 2019) in which the court noted animosity between the parties and awarded sole parental responsibility to the former wife.
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).
