Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent is deprived of contact with a child, a Florida family court may use this as a basis to award full custody to the parent who is deprived of time-sharing. According to the Florida Statutes: “It is the public policy of this state that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing.” Fla. Stat. 61.13(2)(c)(1). This was an issue in the case Reynolds v. Reynolds, 1D21-0951 (Fla. 1st DCA November 17, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is a guardian ad litem in a Florida child custody case? According to the Florida Statutes: “In an action for dissolution of marriage or for the creation, approval, or modification of a parenting plan, if the court finds it is in the best interest of the child, the court may appoint a guardian ad litem to act as next friend of the child, investigator or evaluator, not as attorney or advocate.” Fla. Stat. 61.401. In plain terms, a guardian ad litem is someone appointed by the court to investigate claims made by both sides and to recommend to the court a parenting plan. A guardian’s recommendation and due process were issues in the case Pescod v. Irvin, 2D21-188 (Fla. 2d DCA November 17, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Usually a parenting plan that has been ratified by a final judgment in Florida remains in place until a party files a petition for modification and successfully convinces a court that there has been a substantial change in circumstances which warrants modification. An order temporarily modifying a permanent parenting plan can be entered if there is a showing of emergency circumstances. This was an issue in the case Esse v. Pepe-Katalinas, 5D20-2599 (Fla. 5th DCA November 12, 2021).
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
Under the Uniform Child Custody Jurisdiction and Enforcement Act (known as the UCCJEA), a Florida court follows certain guidelines to ensure that its orders do not conflict with actions taken by a court in another state in the same case. When parents allege two different states should take jurisdiction of a child custody case, a Florida court usually must analyze the allegations presented by both sides as to the residency of the child leading up to the filing of a petition for child custody. This was an issue in the case Miller v. Mitchell, 3D21-1621 (Fla. 3d DCA October 6, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
As part of a Florida domestic violence injunction, time-sharing or child custody can be affected. When a domestic violence court enters a permanent injunction that results in the abuser receiving supervised visits with a child, can a Florida family court modify that visitation? This was an issue in the case Lonsdale v. Elbanna, 2D20-2978 (Fla. 2d DCA October 1, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent relocates but their relocation request is denied, can a court create a future parenting plan for if that parent returns to the jurisdiction? These future parenting plans are known as prospective time-sharing, and they are generally disapproved of under Florida family law. This was an issue in the case Jennings v. Fredes, 1D20-3726 (Fla. 1st DCA September 22, 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
How do you preserve your right to appeal in a Florida family law case? In most cases, it is necessary to make the appropriate objections on the trial level and to file a motion for rehearing. Failure to do so may mean your appeal is denied. This was discussed in the case Spaulding v. Spaulding, 1D20-168 (Fla. 1st DCA August 23, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A petition for relocation in a Florida child custody case is governed by Florida Statute 61.13001. Under this statute, a parent who seeks to relocate in certain situations must obtain the written permission of the other parent or a court order. In the case Izaguirre v. Sanchez, 3D20-1245 (Fla. 3d DCA August 11, 2021), an appeal was taken regarding a non-final order granting relocation to Spain.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When the parents of a child who is subject to a Florida child custody case live in two different states, or even countries, jurisdiction may be challenged by one of the parties. While a court does not need personal jurisdiction over a parent to make an initial child custody determination, it does need it to adjudicate financial issues. The issue of personal jurisdiction was raised in the case Edwards v. Codrington, 5D20-1966 (Fla. 5th DCA July 30, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent is awarded ultimate decision-making authority over children in Florida, what does this mean? This generally means the parent is the sole authority on major decisions regarding the children such as what doctor they see, what school they attend, etc. That parent is required to consult with the other parent, but if the two parents agree, the parent with ultimate decision-making authority gets the final say. This was an issue in the case Louis v. Louis, 4D19-1195 (Fla. 4th DCA July 7, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Therapists and guardians ad litem can be appointed in Florida child custody cases to assist the court in determining what is in the best interest of a child. However, there is a fine line between taking recommendations from these professionals and allowing them to determine when or how time-sharing should occur, for example. This was an issue in the case Barrack v. Barrack, 4D21-536 (Fla. 4th DCA June 30, 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
Will a parent’s drinking problem affect his or her time-sharing in a Florida child custody case? Florida Statute 61.13 authorizes a court to consider “the demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse” when creating a parenting plan. Therefore, yes, a drinking problem will likely have an effect on the outcome of the case. This was an issue in Gugliemi v. Gugliemi, 1D19-1578 (Fla. 1st DCA July 6, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
How much notice must be given to a party before he or she is required to undergo drug testing in a Florida child custody case? Due process requires that a party be given adequate advance notice of a hearing and an opportunity to prepare. In the case Lopez v. Frometa, 3D21-911 (Fla. 3d DCA June 2, 2021), at issue was an order entered at a hearing after the parties were given a little over one-hour of notice that the hearing was to occur.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a party is not given the chance to cross examine witnesses or present a defense to accusations against them in a Florida family law case, this may be a violation of the party’s due process rights. Due process is generally defined as fairness. In order for justice to prevail, the process should be fair. This was an issue in the case Orozco v. Rodriguez-Amadeo, 3D20-0473 (Fla. 3d DCA June 2, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What happens in a Florida child custody case when the judge’s order grants relief that was not requested by the parties? Due process requires that both parties be put on notice as to what they are expected to defend against in a legal proceeding. So if a party does not request certain relief in his or her petition, the court is generally without power to grant that relief. This was an issue in the case Logreira v. Logreira, 3D21-0919 (Fla. 3d DCA June 2, 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
Supervised time-sharing can be ordered in a Florida parenting plan when it is in the best interest of a child. A recent Florida Supreme Court case, C.N. v. I.G.C., No. SC20-505 (Fla. Apr. 29, 2021), makes it clear that when supervised visits are ordered, a court does not have to specify steps the parent must take to regain unsupervised visits. This is illustrated in the case Piccinni v. Waxer, 5D20-528 (Fla. 5th DCA May 14, 2021).
