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 moves out-of-state with a child after Florida has made an initial child custody determination, can the other state assume jurisdiction over the child for purposes of entering further orders concerning child custody? The answer depends on factors listed in chapter 61.515 of the Florida Statutes. This was an issue in the case Litsch v. Litsch, 5D22-2632 (Fla. 5th DCA October 13, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When an unwed father and mother disagree on child custody, and there is no court order concerning a time-sharing arrangement, who has superior custody rights? Prior to July 1, 2023, the Florida Statutes granted an unwed mother of a child born outside of wedlock superior custody rights. However, a change in the law recognizes the parental rights of a man who has established paternity under Florida law. This was an issue in the case McClam v. Carrier, 4D2023-0787 (Fla. 4th DCA October 18, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What kind of schedule will the judge order for time-sharing in a Florida child custody case? The primary consideration when creating a time-sharing schedule is the best interest of the child. There is a presumption that equal time-sharing is in the best interest of a child. There are different versions of an equal time-sharing schedule, and if this is being considered in your case, you should consider how each version may affect your child. This was an issue in the case Stuart v. Lapete, 1D23-0213 (Fla. 1st DCA September 13, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Grandparents can seek temporary custody of their grandchildren in Florida under certain conditions. According to the Florida Statutes, the following can seek temporary custody of a child: “(a) Any extended family member who has the signed, notarized consent of the child’s legal parents; or (b) Any extended family member who is caring full time for the child in the role of a substitute parent and with whom the child is presently living.” Fla. Stat. 751.02. This was an issue in the case Green v. Farmer, 4D22-2837 (Fla. 4th DCA August 30, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is a psychological parent in the context of a Florida family law case? This is a person who acts as a parent to a child (the child may even refer to this person as a parent) but the person is not actually a legal parent of the child. This is common in the case of stepparents or other relatives who may step into the role of a parent for a child. Florida generally does not recognize any rights for psychological parents. So if a legal parent objects to the psychological parent being involved in a child’s life, it is very likely that the psychological parent will not be granted any rights to the child. This was an issue in the case Quiceno v. Bedier, 3D23-203 (Fla. 3d DCA August 23, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A parent who is shown to have anger and substance abuse issues may be limited to supervised visits with a child. Can a court order that parent to attend counseling, to refrain from consuming alcohol and/or to join Alcoholics Anonymous (AA)? This was an issue in the case Tucker v. Tucker, 5D23-208 (Fla. 5th DCA July 7, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Relocation and modification of a Florida parenting plan are two distinct requests for relief. When relocation is sought, it is important that the issue of modification also be properly presented to the court. This was an issue in the case Ayala v. Vega, 4D22-1779 (Fla. 4th DCA July 12, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Florida law has changed as it relates to paternity beginning July 1, 2023. Now, unwed fathers have greater standing when it comes to asserting parental rights. Before, the mother of a child born out of wedlock was considered the natural guardian of the child and therefore entitled to full custody and control of the child until a court order was entered otherwise. Recent legislation changed this. The case Miller v. Gordon, 1D22-888 (Fla. 1st DCA July 5, 2023) was decided based on now inapplicable law, but it still makes an important distinction when it comes to determining a temporary parenting plan.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Make-up timesharing can be awarded to a parent who successfully proves that the other parent wrongfully withheld time-sharing. This is authorized by the Florida Statutes in addition to other remedies. This was an issue in the case Eadie v. Gillis, 5D22-2732 (Fla. 5th DCA June 16, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Relocation cases are difficult to decide sometimes because moving a child from a primary residence can be disruptive. According to the Florida Statutes, “A presumption in favor of or against a request to relocate with the child does not arise if a parent or other person seeks to relocate and the move will materially affect the current schedule of contact, access, and time-sharing with the nonrelocating parent or other person.” Fla. Stat. 61.13001(7). Relocation was an issue in the case Pun v. Pun, 1D21-3575 (Fla. 1st DCA June 14, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parenting plan is modified, there has to be a finding of a substantial, material and unanticipated change in circumstances. A finding must also be made that modification is in the best interest of the children. This was an issue in the case Davis v. Davis, 6D23-458 (Fla. 6th DCA May 19, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Shared responsibility is presumed to be in the best interest of a child under Florida law. This presumption can be overcome if a parent can prove that shared parental responsibility is detrimental to a child. This was an issue in the case Mooningham v. Mooningham, 5D22-1800 (Fla. 5th DCA April 28, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is a case management conference in a Florida family law case? This is a routine hearing at which the court determines the status of the case and the next steps for moving it forward. Unless all parties have been given proper notice, this type of hearing is not one at which the court can make substantive decisions about a case. This was an issue in the case Fulcher v. Allen, 6D23-957 (Fla. 6th DCA April 21, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Florida child custody orders are modifiable under certain circumstances. Sometimes emergencies arise which affect the best interest of the children involved in the case. This must be weighed with due process rights of both parents. This was an issue in the case Saenz v. Sanchez, 3D22-1476 (Fla. 3d DCA April 19, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A parenting coordinator can be appointed in a Florida family law case to assist parents with conflict resolution. The Florida Statutes provide: “The purpose of parenting coordination is to provide a child-focused alternative dispute resolution process whereby a parenting coordinator assists the parents in creating or implementing a parenting plan by facilitating the resolution of disputes between the parents by providing education, making recommendations, and, with the prior approval of the parents and the court, making limited decisions within the scope of the court’s order of referral.” See Fla. Stat. Chp. 61.125. This was an issue in the case Thorton v. WIldes, 4D22-0657 (Fla. 4th DCA March 22, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is shared parental responsibility in Florida? This refers to the right of each parent to make major decisions regarding their children, including what school they attend, what doctor they see, etc. When there is shared parental responsibility, it means both parents must agree on these issues before they are decided. This is different from sole or ultimate decision-making authority, which means one parent makes the decisions without regard to the other parent’s input or opinion. This was an issue in the case Rankin v. Lounsbury, 3D21-2472 (Fla. 3d DCA March 15, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A petition for temporary custody by an extended relative can be filed in Florida by (a) A relative of a minor child within the third degree by blood or marriage to the parent; (b) The stepparent of a minor child if the stepparent is currently married to the parent of the child and is not a party in a pending dissolution, separate maintenance, domestic violence, or other civil or criminal proceeding in any court of competent jurisdiction involving one or both of the child’s parents as an adverse party; or (c) An individual who qualifies as “fictive kin”, defined by the Florida Statutes as “a person unrelated by birth, marriage, or adoption who has an emotionally significant relationship, which possesses the characteristics of a family relationship, to a child.” A temporary custody order was at issue in the case E.L. v. A.L., 2D22-825 (Fla. 2d DCA March 3, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a parent be held in contempt of a Florida child custody order if there are conflicting orders concerning the exchange of the child? In order to be held in a contempt, the terms of the order at issue must be clear and concise in stating what a party can or cannot do. An unclear or contradicting order may be insufficient to hold a party in contempt. This was an issue in the case Varner v. Varner, 5D23-107 (Fla. 5th DCA February 17, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Modifications to a parent’s time-sharing in Florida generally cannot be done without notice to the parent. This means a motion and an opportunity to be heard. Sometimes courts schedule case management conferences which are hearings at which the court determines the status of the case, and the next steps. These are not usually noticed as evidentiary hearings, so when substantive action is taken in a case at these types of hearings, there are due process concerns. This was an issue in the case Nomura v. Hata, 3D22-1731 (Fla. 3d DCA January 18, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Generally, a Florida parenting plan cannot have provisions which provide for automatic modification of a parenting plan in the future. This is because the court cannot assess the future best interest of the child. However, the recent case N.B. v. R.V. 2D22-195 (Fla. 2d DCA January 18, 2023) discusses an exception to this rule.
