Miami family law attorney blog
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Child Custody
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).
Posted by Nydia Streets of Streets Law in Florida Child Custody
In order for a parent to relocate, a parent must comply with the mandates of Florida Statute Chp. 61.13001. Specifically the parent must obtain the written permission of the other parent or obtain a court order allowing relocation. In the case Allende v. Veloz, 3D18-10 (Fla. 3d DCA February 20, 2019) the mother did not follow the statute and obtain the oral consent of the father to move from Miami to Orlando with the parties’ child.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent fails to timely object to a petition for relocation, does the burden of proof as to the best interest of the children shift to the non-relocating parent? This question was answered in the appellate case Sanabria v. Sanabria, 3D17-1821 (Fla. 3d DCA February 20, 2019).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A parent’s failure to follow a Florida parenting plan may result in that parent being held in contempt of court. But in order to be held in contempt, a final judgment must clearly and definitively direct a party regarding his or her obligations under the order. We see this principle at play in the recent appellate case Cancino v. Cancino, 3D17-601 (Fla. 3d DCA February 13, 2019).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Although Florida parenting plans signed by both parents are considered enforceable contracts, they are subject to approval by the court. If a parent raises a concern about a parenting plan after it is signed, but before the court enters an order ratifying the plan, the court must consider the best interest of the child.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Drug and/or alcohol abuse can be taken into account in Florida child custody cases. If it is not in the best interest of children to have unsupervised visits with a drug or alcohol addicted parents, the court may order supervised visitation until there is improvement with the parent’s problem. When a parent shows that he or she is managing the addiction, the court can modify a parenting plan, as seen in the case McLendon v. D’Amico, 1D18-2648 (Fla. 1st DCA 2019).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A Florida child custody order must be based on a consideration of the best interest of the child, giving weight to the factors listed in Florida Statute Chp. 61.13. Even if a parent’s behavior causes prejudice to the other parent, that behavior cannot be the basis for a court to order a child custody arrangement. This rule of law is exemplified in the case Parris v. Butler, 2D18-1932 (Fla. 2d DCA 2019).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Sometimes, children reside with caregivers other than their parents such as grandparents, aunts and adult siblings. In these cases, the caregiver usually needs a document that authorizes the caregiver to take actions on behalf of the child such as enrolling the child in school, obtaining medical information, etc. These petitions are most easily granted when the parents agree to the custody arrangement, but they are also possible when the parents do not agree.
Posted by Nydia Streets of Streets Law in Florida Child Custody
In order to modify a Florida parenting plan, a party must show a substantial change in circumstances that was not contemplated at the time of entry of the parenting plan. A court has much less discretion in modifying a parenting plan than it does when initially creating one. The main components of Florida parenting plans are timesharing and parental responsibility. In a case in which the mother sought to remove the father’s ultimate decision-making authority concerning extracurricular activities, the court granted more relief than requested by the mother.
Posted by Nydia Streets of Streets Law in Child Custody
Requesting a psychological evaluation in a Florida child custody case requires more than just a “hunch” that a parent has psychological issues. There must be competent and substantial evidence to support such a request, and it must be related to the best interest of the children involved. In the case Curtis v. Reinhardt, 243 So.3d 451 (Fla. 5th DCA 2018), an order requiring an accused sex offender to undergo psychosexual evaluation was appealed.
Posted by Nydia Streets of Streets Law in Florida Child Custody
The way settlement agreements are worded is a very important part of Florida family law cases. If there is ambiguity in a settlement agreement, this can cause uncertainty, confusion and conflict in enforcement of the terms of an agreement. Take for example the case Wohlberg v. Conner, 234 So.3d 841 (Fla. 4th DCA 2018) in which the parties disagreed regarding the meaning of a part of their parenting plan which controlled timesharing.
Posted by Nydia Streets of Streets Law in Florida Child Custody
What standard is used to determine whether or not a relocation request is in the best interest of a child in Florida? One appellate case published last year sheds light on this issue by way of a Florida child custody case involving an active duty military parent.
Posted by Nydia Streets of Streets Law in Florida Child Custody
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a codified set of rules which has been adopted by 49 states in the United States. Essentially, it is a set of rules these states agree to follow when it comes to child custody cases so that contradicting rulings are not made in cases when parties move to different states or try to file cases in multiple states. One appellate case shows us how the the UCCJEA is applied in a multi-jurisdiction case.
Posted by Nydia Streets of Streets Law in Florida Child Custody
A parent’s right to make decisions affecting the welfare of a child is considered to be so important in Florida family law that there is a presumption that equal decision-making authority for both parents is in the best interest of the child. This is called shared parental responsibility. However, under certain circumstances, a Florida family court will award sole decision-making authority to one parent.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Many parties to Florida child custody cases want to know, “Can I have the other parent undergo a psychological evaluation?” The answer to this question is the classic lawyer response: It depends. Florida law relies on a two-part analysis to determine if such an evaluation is warranted: (1) The examination must be related to a matter in controversy and (2) the party requesting the exam must show good cause exists for it.
Posted by Nydia Streets of Streets Law in Florida Child Custody
During the holidays, some parents unfortunately find themselves in the middle of nasty child custody issues which derail even court ordered timesharing. Here’s what you may want to consider if you are one of these parents.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Life is constantly moving and changing. So it is no surprise that parties find the need to modify their Florida parenting plan after it is entered. In order to modify a parenting plan in Florida, a party seeking to do so must show that there has been a substantial change in circumstances which was not contemplated at the time of the final judgment. While this standard may appear clear cut, there is sometimes confusion in what constitutes a substantial change as shown in the recent case Puhl v. Puhl, 4D18-365 (Fla. 4th DCA 2018).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Relocation cases are among the most difficult cases to decide because the decision will affect one parent’s usual access to a child. In the recent appellate case Chalmers v. Chalmers, 4D18-2246 (Fla. 4th DCA 2018), the mother appealed the court’s decision to grant the father’s petition for relocation.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Getting a passport for a minor child when you are no longer married to or are not in a relationship with the other parent is a concern many parents have in Florida child custody cases. Depending on who is listed on the child’s birth certificate, you may be able to get a passport issued without the other parent’s participation.
Posted by Nydia Streets of Streets Law in Florida Child Custody
With the holiday season in full swing, child custody cases in Florida may become more active. This is because custody issues seem to spike during holidays. To avoid these issues, here are some tips on successful holiday co-parenting.
