Miami family law attorney blog
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Child Custody
Posted by Nydia Streets of Streets Law in Florida Child Custody
When one parent makes timesharing difficult for the other parent in a Florida child custody case, this is a factor the court can consider in creating a parenting plan. There are many other factors a court must consider as well with the primary focus being the best interest of the child. This was an issue in the case Giacomaro v. Brossia, 4D2024-0824 (Fla. 4th DCA October 16, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a Florida court temporarily modify a child custody determination? Depending on the circumstances, a temporary order may be entered to protect a child. But if there is no emergency, a court may not be able to modify a child custody determination without a properly filed petition for modification. This was an issue in the case Radko v. Levi, 4D2024-0162 (Fla. 4th DCA September 4, 2024).
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
Can a parent be held in contempt for attending a child’s extracurricular activities on days that the parent does not have time-sharing? The answer depends on what the parenting plan says. Most parenting plans do not prohibit a parent from doing this. This was an issue in the case Izard v. Bois, 4D2023-2502 (Fla. 4th DCA July 31, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Inconsistencies in a Florida family law order are subject to reversal by an appellate court. In the case Landero v. Landero, 2d2023-2014 (Fla. 2d DCA July 19, 2024), there were errors concerning the child support calculation and the time-sharing schedule.
Posted by Nydia Streets of Streets Law in Florida Child Custody
A temporary change in time-sharing can be ordered if there is an issue affecting the best interest of the children. At hearings regarding child custody issues, both parties must be given the opportunity to present evidence regarding the best interest of the children. This was an issue in the case Whitacre v. Ragan, 2D2023-1906 (Fla. 2d DCA June 21, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
How does the entry of a default affect a Florida child custody case? A default can be entered when a party fails to respond to a petition on time, and can also be used as a sanction when a party is not following court orders. The usual consequence of a default is that the party against whom it has been entered admits the allegations in the petition. This was an issue in the case Mendez v. Mendez, 4D2024-0113 (Fla. 4th DCA July 10, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Grandparent visitation in Florida is limited because Florida law recognizes the right of parents to raise their children without interference. However, if a grandparent is granted visitation rights in a state that permits such rights, Florida case law has consistently held that it will enforce out-of-state grandparent visitation orders under the Full Faith and Credit Clause of the United States Constitution. This was an issue in the case Mattingly v. Hatfield, 1D2022-0039 (Fla. 1st DCA July 3, 2024) which was reconsidered on rehearing.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Florida law has consistently held that a court is not permitted to delegate its decision-making authority to third parties when it comes to child custody issues. This is because the court, and not other professionals, are charged with making decisions that affect the best interest of a child. This was an issue in the case Malley v. Malley, 4D2023-0332 (Fla. 4th DCA June 20, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
If a Florida parenting plan is silent as to the ability of either parent to relocate, can a parent relocate without following Florida law? This was an issue in the case Blatt v. Blatt, 3D23-2228 (Fla. 3d DCA June 12, 2023).
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
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
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
Prior Florida case law has held that a parent achieving sobriety may not be enough to constitute a change in circumstances that permits modification of a parenting plan that restricts the parent’s time-sharing based on substance abuse. However, a recent case clarifies this standard.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Many Florida family law agreements such as prenuptial agreements, parenting plans, and marital settlement agreements contain clauses that have both parties waiving payment of attorney’s fees by the other party. Are these waivers enforceable? Some are not, and this was an issue in the case Bauman v. Agudelo, 3D23-1954 (Fla. 3d DCA May 8, 2024).
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
An emergency suspension of timesharing in a Florida child custody case may occur in certain cases. But regard must be given to due process considerations. Emergency suspension of time-sharing was an issue in the case Ramirez v. Marzano, 4D2023-1170 (Fla. 4th DCA April 3, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Temporary relocation in Florida is governed by Florida Statute Chp. 61.13001. A temporary relocation can be granted pending a final hearing if the court finds it is in the best interest of a child to relocate and it is likely that permanent relocation will be granted. There are strict requirements for seeking and considering relocation. This was an issue in the case Vanderhoof v. Armstrong, 5D23-1486 (Fla. 5th DCA March 22, 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).
