Posted by Nydia Streets of Streets Law in Child Custody
Long-distance Florida parenting plans come into play when one parent resides out-of-state or more than 50 miles from the children's primary residence. In the case Aranda v. Padilla, 216 So.3d 652 (Fla. 4th DCA 2017), the appellate court considered a trial court's ruling on a father's request for holiday time-sharing, assistance with travel costs to effectuate time-sharing and shared parental responsibility in a long-distance parenting plan.
Posted by Nydia Streets of Streets Law in Child Custody
It can take a year or more to get to trial in your Miami child custody case. This is why parties can and should seek temporary relief orders which, for example, provide an interim enforceable mandate regarding a parenting plan.
Posted by Nydia Streets of Streets Law in Child Custody
When the mental health of a parent is at issue in a Florida child custody case, is a parent required to produce his or her records regarding past treatment for mental health issues? The psychotherapist-patient privilege protects a party from having to disclose records and communications with a psychotherapist, but that privilege can be waived under certain circumstances. This is explored in the case Zarzaur v. Zarzaur, 213 So.3d 1115 (Fla. 1st DCA 2017).
Posted by Nydia Streets of Streets Law in Child Custody
Part of a parenting plan in a Florida child custody case concerns parental responsibility - that is the right of each parent to make major decisions regarding their children such as choice of doctor, school, etc. A Florida family court can award shared or sole parental responsibility or a hybrid of the two known as shared parental responsibility with ultimate decision-making authority. As one appellate case shows, ultimate decision-making must be awarded with careful parameters.
Posted by Nydia Streets of Streets Law in Child Custody
Sometimes, we come across Florida parenting plans which grant a parent "liberal" visitation with the children, with the other parent having primary time-sharing. But what does "liberal" mean? Each parent may have a different definition of what this means, causing conflict and inconsistent time-sharing when a parenting plan lacks a specific schedule.
Posted by Nydia Streets of Streets Law in Child Custody
Grandparent visitation rights in Florida are generally restricted due to the constitutional right to privacy that parents have in raising their children. However, a 2017 case decided by the Florida Supreme Court opens the door to visitation for grandparents who obtain a child custody order in another state.
Posted by Nydia Streets of Streets Law in Child Custody
When a parent has not been present in a child's life for an extended period of time, this presents a challenge in awarding overnight time-sharing with that parent. Usually, a Florida child custody court will order a gradual increase in time-sharing to allow the child and parent to become acquainted or re-acquainted. However, child custody orders must not impede a parent's ability to establish regular and substantial contact with a child, as illustrated in the case Munoz v. Munoz, 210 So.3d 227 (Fla. 2d DCA 2017).
Posted by Nydia Streets of Streets Law in Child Custody
Parenting plans entered in Florida child custody cases usually include a relocation provision which states a parent cannot relocate with a child without the written permission of the other parent or a court order. Absent an agreement to the contrary, this is the standard imposed by Florida law, and the case Horn v. Horn, 225 So.3d 292 (Fla. 1st DCA 2017) is an example of an appellate court upholding this standard.
Posted by Nydia Streets of Streets Law in Child Custody
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is an important set of laws adopted by most states which seeks to avoid conflicting orders from different state courts in child custody cases and promotes cooperation between state courts. The appellate case Haugabook v. Jeffcoat-Hultberg, 219 So.3d 65 (Fla. 2016) illustrates the importance of the UCCJEA.
Posted by Nydia Streets of Streets Law in Child Custody
When a parent seeks to relocate with a child more than 50 miles from his or her current residence and the other parent does not agree, the court must make the difficult decision of determining whether the relocation is in the best interest of the child. Such was the situation in the Miami Family Law case Naime v. Corzo , 208 So.3d 296 (Fla. 3d DCA 2016).
Posted by Nydia Streets of Streets Law in Child Custody
When it comes to filing your child custody case, you will want to be sure the court in which you plan to file has jurisdiction to consider your case. Jurisdiction means the power or authority the court has to make rulings in your case.
Posted by Nydia Streets of Streets Law in Child Custody
Parental kidnapping is an unfortunate reality when it comes to Florida child custody cases. In these cases, it can be difficult to retrieve a kidnapped child, especially if the child has been abducted to another country. But there are safeguards a parent can request in a custody order to deter kidnapping.
Posted by Nydia Streets of Streets Law in Child Custody
When a Florida child custody case is contested, the court may decide to rely on a guardian ad litem to get to the bottom of the he-said, she-said that is usually prevalent when parties disagree about the facts. A guardian ad litem is a party who investigates and makes recommendations to the court concerning the best interest of the children involved.
Posted by Nydia Streets of Streets Law in Child Custody
Kids may take just as much of an emotional hit as the parents when it comes to divorce. The adjustment for the children in transitioning from one household to two and seeing their parents break up can be difficult. This is one of the reasons why the Florida family courts require parents to take a course aimed at successful co-parenting in the midst of separation.
Posted by Nydia Streets of Streets Law in Child Custody
When the creation of a Florida parenting plan is at issue in a Miami child custody case, one tool available to the court to get to the bottom of the best interest of the child in the midst of he-said, she-said allegations is to order a social investigation. Who pays for it and who conducts it is specified in the Florida Statutes.
Posted by Nydia Streets of Streets Law in Child Custody
Maintaining a strong parent-child bond does not always begin and end with time-sharing. Electronic communication, such as phone and video conferencing, are important ways to reinforce the bond between parent and child, and is especially useful in the case of long-distance parenting plans in which one parent resides far away or out-of-state. Florida law provides certain parameters for ordering electronic communication between parents and children.
Posted by Nydia Streets of Streets Law in Child Custody
Active duty military service members may face challenges in maintaining substantial and consistent contact with their children due to deployments. When a time-sharing order is already in place, Florida law provides certain remedies for a deployed parent to ensure that his/her contact is minimally affected.
Posted by Nydia Streets of Streets Law in Child Custody
What if a parent moves far away without the permission of the court or the other parent who has time-sharing rights pursuant to court order? Florida law states a parent cannot relocate more than 50 miles from his/her residence without a court order or the written permission of the other parent when there is a court-ordered visitation schedule in place and/or a case is pending to establish one. Florida child custody laws provide a remedy for the parent whose time-sharing and parental rights are affected.
Posted by Nydia Streets of Streets Law in Child Custody
After parents separate and establish their parenting plan, their lives can go through major changes. Once such change is relocation to another county, state or even country. An opportunity to relocate can be presented by a great job offer or an engagement to a new partner. This presents a difficult dilemma, however, when the non-relocating parent's visitation rights will be impacted by the move.
Posted by Nydia Streets of Streets Law in Child Custody
Sometimes special circumstances exist that a Florida child custody court must consider when determining time-sharing. For example, a parent who is residing in a half-way house or a rehabilitation center may request time-sharing with a child, but whether or not that time-sharing includes over night visitation requires in-depth review.
