Miami family law attorney blog
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Child Custody
Posted by Nydia Streets of Streets Law in Florida Child Custody
In order to modify a Florida parenting plan, a parent must show there has been a substantial change in circumstances that was not contemplated at the time of entering the parenting plan. Additionally, the other parent must have notice and an opportunity to be heard by the court before a parenting plan can be modified. This was an issue in the case Ceballos v. Barreto, 4D22-104 (Fla. 4th DCA April 13, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Does a father of a child born outside of wedlock have custody rights? When an unwed father signs an acknowledgement of paternity to be named as the father on a birth certificate, it creates a presumption that he is the legal father of the child in Florida. If neither parent rescinds the acknowledgement or files a judicial action relating to the child within sixty days, the voluntary acknowledgement establishes paternity subject to exceptions. Fla. Stat. § 742.10(4). Does this paternity status give a father a right to obtain custody of a child via a pick-up order? This was an issue in the case Nelson v. Mirra, 5D21-2469 (Fla. 5th DCA March 21, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
“What happens if I don’t show up to trial in my Florida family law case?” is a question asked in some cases. The consequences of failing to participate in your own trial may be irreversible and detrimental to you. Not showing up means the judge will not hear your full side of the story. This was an issue in the case Pimienta v. Rosenfeld, 3D20-606 (Fla. 3d DCA May 4, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Relief not requested in pleadings in a Florida family law case generally cannot be granted by the court. This is because due process requires that each party be given fair and reasonable notice of what he or she must defend against in the proceeding. This was an issue in the case Hernandez v. Hernandez, 4D20-2145 (Fla. 4th DCA March 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a child sees a therapist or other mental health professional, can a parent request the records of the therapy sessions? The patient-therapist privilege, in the case of a minor, belongs to the minor’s parent or guardian. However, a court can hold that a parent is barred from waiving the privilege. This was an issue in the case Bentrim v. Bentrim, 4D21-1303 (Fla. 4th DCA March 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A Florida parenting plan generally cannot contain clauses that automatically change time-sharing in the future. This is called a prospective-based best interest analysis and is disfavored. This is because it is difficult to know what the best interest of a child will be in the future, and this should be examined in real time. This was an issue in the case T.A. v. A.S., 2D21-1236 (Fla. 2d DCA March 4, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A parent’s abuse of alcohol and/or drugs can be taken into account in a Florida child custody case. If a court awards time-sharing to one parent over the other based on the other parent’s substance abuse issues, can the other parent petition to modify time-sharing if he or she achieves sobriety? This was an issue in the case Daniello v. Settle, 4D20-2732 (Fla. 4th DCA March 2, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody and Florida Child Support
Once a Florida parenting plan has been entered, generally, a parent cannot move more than 50 miles from his or her current residence without a court order or the written permission of the other parent. This rule is likely in place to avoid the disruption to a time-sharing schedule that is sure to occur if a parent moves too far away. However, even moving within this mileage limit can disrupt the time-sharing schedule, and this may form a basis for modification of a parenting plan. This was an issue in the case Seith v. Seith, 4D21-556 (Fla. 4th DCA March 2, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is an order of referral to a general magistrate in a Florida family law case? This is an order issued by the judge in the case which refers a motion or petition to a general magistrate for a hearing. A general magistrate is what is known as a hearing officer - he or she is not a judge, but presides over a hearing, reviews evidence and testimony, and makes a recommendation to the judge about how to rule on the motion or petition. The judge then ratifies the recommendation if there are no timely objections from either party. An order entered based on a general magistrate’s recommendation was the subject of an appeal in the case Toledano v. Garcia, 3D21-85 (Fla. 3d DCA February 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is a pick-up order in a Florida child custody case? This type of order is usually entered after a parent shows that the other parent or another person wrongfully has physical custody of a child. The order allows law enforcement authorities to pick-up the child and deliver the child to the parent who was granted the pick-up order. This was an issue in the case Hodge v. Babcock, 3D22-0167 (Fla. 3d DCA February 16, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Is mediation required in a Florida family law case? The answer depends on the procedures and rules set forth in the court in which your case is proceeding. In Miami-Dade County, for example, mediation is generally required in family law cases before a trial date can be set. This is most likely because the court wants to give the parties an opportunity to resolve the case on their own terms rather than having the court decide what happens. This was an issue in the case Kiger v. Kiger, 3D21-1150 (Fla. 3d DCA February 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a court dismisses a case, the court typically loses jurisdiction to make any further decisions in the case unless a party files an appropriate motion to invoke the court’s jurisdiction again. The motion may be subject to time limits, so if it is filed past a certain date, it may not be granted. This was an issue in the case Graham v. Graham, 5D21-1492 (Fla. 5th DCA February 4, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A Florida parenting plan can include many provisions, but there are some limits on what is allowable. One provision that is usually prohibited is a prospective change in time-sharing. For example, a parenting plan that says a time-sharing schedule will automatically change once a child turns a certain age may not be enforceable. This was an issue in the case Harrell v. Cook, 1D20-1379 (Fla. 1st DCA January 12, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent wants to move more than 50 miles from his or her residence and there is a court-ordered parenting plan in place, the parent must either have the written permission of the other parent to move or must obtain a court order approving the move. The factors a court must consider in determining if relocation should occur are contained in section 61.13001 of the Florida Statutes. This was an issue in the case Mignott v. Mignott, 3D20-1225 (Fla. 3d DCA December 22, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
In order for a Florida court to exercise jurisdiction over a child custody matter, the child at issue must have resided in Florida for at least six months prior to the date of filing a petition. Whether or not a child lived in Florida for the required period of time is a question of fact that is decided after an evidentiary hearing. Florida Statutes authorize an award of attorney’s fees for a parent who enforces a foreign custody order in Florida. These were issues in the case Alvarez v. Jimenez, 3D20-610 (Fla. 3d DCA December 1, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent is denied contact with his or her children, there are remedies that can be sought in court. A Florida child custody court retains jurisdiction to modify a parenting plan, including time-sharing, until the children turn 18. When a case gets “stuck” in the system, a parent may need to appeal to a higher court. This was an issue in the case Cisneros v. Guinand, 3D21-1910 (Fla. 3d DCA December 15, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A guardian ad litem can be appointed in a Florida child custody case in order to investigate claims made by the parties, interview the children, and make a recommendation to the court concerning a parenting plan. This was an issue in the case Velasquez v. Mendieta, 3D21-1168 (Fla. 3d DCA November 24, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Florida parenting plans apply to minor children. So when a child turns 18, a court usually has no further jurisdiction to determine when or if a parent sees a child, since the child is considered an adult. What about a child custody order that is part of a domestic violence injunction? This was an issue in the case Wall v. Kyramarios-Wall, 5D21-1504 (Fla. 5th DCA December 14, 2021).
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
Can a court order a psychological evaluation of parents in a Florida child custody case? Yes, if certain conditions are met. The party requesting that a psychological evaluation take place has the burden of showing that the mental condition of a parent is in controversy and that good cause exists for the examination. This was an issue in the case Pearson v. Pearson, 3D21-1786 (Fla 3d DCA December 1, 2021).
