Miami family law attorney blog
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Child Custody
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent seeks to modify a Florida parenting plan, the court must consider the factors listed in Florida Statute 61.13 to determine if modification is in the best interest of a child. The court has less discretion in modifying a parenting plan than it does in creating one. Modification of timesharing was an issue in the case Allyn v. Allyn, 2D21-2368 (Fla. 2d DCA November 30, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A parent who is personally served with a petition for child custody in Florida and fails to respond to the petition on time may have a default judgment entered against him or her. This means the court will enter a judgment in the parent’s absence. This judgment may not be favorable to the absent parent. This was an issue in the case Salazar v. Dominguez, 2D22-684 (Fla. 2d DCA November 16, 2022) in which the mother went from having majority time-sharing with her child to being ordered to have time-sharing every other weekend and holidays after the father’s petition for modification of time-sharing was granted based on a default judgment entered against the mother.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Is it easy to suspend a parent’s time-sharing in a Florida child custody case? If a parenting plan has been established and one parent alleges a threat to the safety or welfare of the children that requires suspension of time-sharing, it is possible for this to occur. The parent whose time-sharing is affected must be afforded due process. This means a fair process with notice to the parent that his or her time-sharing will be suspended.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Before a court can change a Florida parenting plan, both parties must be on notice of what to expect before a hearing is held. This notice is usually given by way of a motion filed by a party. In the motion, the party states allegations made against the other party and requests the relief desired. If a court grants relief not requested by a party, the order may be subject to appeal. This was an issue in the case Bowers v. Smith, 5D22-730 (Fla. 5th DCA November 7, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When there is a child custody dispute and one parent lives in Florida and the other lives out-of-state, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is usually applicable. A parent who initiates child custody litigation in Florida may face a challenge from the out-of-state parent on certain grounds stated in the UCCJEA. This was an issue in the case Sosa v. Pena, 3D22-71 (Fla. 3d DCA October 26, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A guardian ad litem in a Florida child custody case can hire an attorney to collect fees due for services. The party who owes the money to the guardian ad litem could be liable for the guardian’s attorney’s fees. The award of fees must be supported by certain findings. This was an issue in the case Tripodi v. Nacer, 3D21-2234 (Fla. 3d DCA October 19, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent wrongfully withholds court-ordered time-sharing from the other parent, the Florida statutes authorize a family court to award make-up time-sharing to the parent who was denied visits. Is a court required to award make-up time-sharing in an amount equal to the time missed? This was an issue in the case Spann v. Payne, 1D21-2323 (Fla. 1st DCA September 21, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Child custody issues in Florida same-sex marriage cases face undeveloped law sometimes. This means, the court is left to sort out how to apply statutes to situations that likely were not considered when the statutes were originally drafted. A recent case sheds light on how child custody arrangements involving a same-sex marriage are evaluated when relocation is sought.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Parents who cannot get along usually find themselves in court repeatedly after a final judgment is entered in a Florida child custody case. As always, the court must sort through the parties’ disagreements to arrive at decisions which are in the best interest of the children involved. Sometimes this involves referring the children to therapeutic services. This was an issue in the case Logreira v. Logreira, 3D21-0915 (Fla. 3d DCA September 21, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
If a party refuses to appear at a hearing in a Florida family law case, can their consent to have matters heard by the court in their absence by implied? Due process is an important and required part of any family law case, and if a party is not on notice about what will be decided at a hearing, that party may have a claim for violation of due process. This was an issue in the case Athienitis v. Makris, 2D21-2376 (Fla. 2d DCA September 16, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
How are travel costs taken into account when parents do not live in the same state, or even the same country, in a Florida child custody case? Travel costs to effectuate time-sharing are part of child support considerations and the court must apportion the same appropriately. Exorbitant travel costs were an issue in the case Hiatt v. Mathieu, 4D22-1198 (Fla. 4th DCA August 24, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Modifying a Florida parenting plan requires the showing of a substantial, material, and unanticipated change of circumstances, according to the Florida Statutes. If a party appeals a trial court’s decision to modify a parenting plan, an appellate court will analyze whether competent, substantial evidence supports the trial court’s decision. This was an issue in the case Miedes v. Ideses, 3D21-1112 (Fla. 3d DCA August 24, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Termination of a parent’s rights in Florida requires a three-prong test: “A petitioning party must first prove at least one of the enumerated statutory grounds for termination of parental rights by clear and convincing evidence. N.B. v. Dep’t of Child. & Fams., 289 So. 3d 29, 32 (Fla. 3d DCA 2019). The trial court must then consider whether termination is in the best interests of the child. Finally, because the fundamental right of parents to procreate and make decisions regarding the care, custody, and control of their children is recognized by both the Florida Constitution and the United States Constitution, and the right ‘does not evaporate simply because they have not been model parents,’ [. . .], a petitioning party must further prove that termination is ‘the least restrictive means of protecting the child from serious harm.’” This is explored in the case M.M.W. v. J.W., 3D21-2419 (Fla. 3d DCA August 3, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Changing a Florida child custody order requires that a party file a petition for modification to put the other parent on notice of his or her intentions. What if a party requests modification and the other party responds with his or her version of a modified time-sharing schedule? Is this enough to put the petitioning party on notice that the other parent wants a modification as well? This was an issue in the case Roberts v. Diaz, 3D21-1912 (Fla. 3d DCA July 20, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When parents cannot agree on home schooling, what do they do in Florida? If they have a Florida child custody case that is pending or was once pending, they may be able to have the court resolve the dispute. This was an issue in the case Hassenplug v. Hassenplug, 2D21-2729 (Fla. 2d DCA June 29, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When is supervised visitation appropriate in a Florida child custody case? Since supervision is a restriction that greatly affects a parent’s access to a child, it may be viewed with a certain level of scrutiny. This was an issue in the case E.M. v. E.G., 2D21-1450 (Fla. 2d DCA July 6, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What are the requirements of a Florida parenting plan? According to the Florida Statutes, a parenting plan approved by the court at a minimum, must:
1. Describe in adequate detail how the parents will share and be responsible for the daily tasks associated with the upbringing of the child;
2. Include the time-sharing schedule arrangements that specify the time that the minor child will spend with each parent;
3. Designate who will be responsible for: a. Any and all forms of health care. If the court orders shared parental responsibility over health care decisions, the parenting plan must provide that either parent may consent to mental health treatment for the child. b. School-related matters, including the address to be used for school-boundary determination and registration. c. Other activities; and
4. Describe in adequate detail the methods and technologies that the parents will use to communicate with the child.
This was an issue in the case Hernandez v. Mendoza, 4D21-1866 (Fla. 4th DCA June 22, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a party appeals a Florida family court ruling, is the family court allowed to rule on pending issues? It depends on what was appealed and if there are any orders from the appellate court directing the lower court on what to rule on. This was an issue in the case Webking v. Webking, 1D21-3496 (Fla. 1st DCA June 17, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a parent’s time-sharing be suspended without notice? Usually, no. Due process requires that all parties have notice of what will happen in their case so that they are prepared to defend against allegations made. The law generally considers “surprise” actions to be unfair in the course of litigation. Notice was an issue in the case Oddo v. Oddo, 5D22-0142 (Fla. 5th DCA June 3, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is a writ of certiorari in a Florida child custody case? This is a way to appeal a decision of a trial court that is alleged to cause irreparable harm. In many cases, it may not be possible to appeal a temporary order entered in a case. However, this writ allows for appeal of some temporary orders. This was an issue in the case Payne v. Koch, 5D21-2427 (Fla. 5th DCA April 14, 2022).
