Miami family law attorney blog
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Child Custody
Posted by Nydia Streets of Streets Law in Florida Child Custody
Prior Florida case law has held that a parent achieving sobriety may not be enough to constitute a change in circumstances that permits modification of a parenting plan that restricts the parent’s time-sharing based on substance abuse. However, a recent case clarifies this standard.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Many Florida family law agreements such as prenuptial agreements, parenting plans, and marital settlement agreements contain clauses that have both parties waiving payment of attorney’s fees by the other party. Are these waivers enforceable? Some are not, and this was an issue in the case Bauman v. Agudelo, 3D23-1954 (Fla. 3d DCA May 8, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When parties enter a parenting plan in Florida, and it is ratified by a court order, there are limited situations in which that parenting plan can be cancelled. This was an issue in the case Chan v. Addison, 6D23-2856 (Fla. 6th DCA April 19, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
An emergency suspension of timesharing in a Florida child custody case may occur in certain cases. But regard must be given to due process considerations. Emergency suspension of time-sharing was an issue in the case Ramirez v. Marzano, 4D2023-1170 (Fla. 4th DCA April 3, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Temporary relocation in Florida is governed by Florida Statute Chp. 61.13001. A temporary relocation can be granted pending a final hearing if the court finds it is in the best interest of a child to relocate and it is likely that permanent relocation will be granted. There are strict requirements for seeking and considering relocation. This was an issue in the case Vanderhoof v. Armstrong, 5D23-1486 (Fla. 5th DCA March 22, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Under Florida law, a parent who is incarcerated or will be for a substantial period of time may be at risk of losing parental rights to a child. Is house arrest considered incarceration for this purpose? This was an issue in the case K.M. v. K.B., 4D2023-2158 (Fla. 4th DCA March 13, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Who pays the guardian ad litem’s fees in a Florida child custody case? A court may apportion responsibility for the guardian’s fees based on the financial standing of each party. Payment of these fees was an issue in the case Levy v. Levy, 3D22-1399 (Fla. 3d DCA January 31, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a guardian ad litem in a Florida child custody case determine what the parenting plan will be? Guardians ad litem play an important role in helping a court understand what issues are present between parties and the best interest of a child. But the court cannot delegate its decision-making to the guardian. This was an issue in Merlihan v. Skinner, 4D2022-2079 (Fla. 4th DCA March 13, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What happens when you appeal a Florida family law case that was resolved in your favor? This was an issue in the case Kilcrease v. Brown, 1D2022-3620 (Fla. 1st DCA March 6, 2024)
Posted by Nydia Streets of Streets Law in Florida Child Custody
Florida law generally recognizes the right of parents to raise their children without interference from third parties. This is why grandparent visitation rights in Florida are limited. Florida Statute Chp. 752 discusses limited circumstances in which a grandparent may seek visitation with children. Another route by which a grandparent may maintain visitation with a child in Florida is via enforcement of a court order entered in another state that has broader grandparent visitation rights. This was an issue Mattingly v. Hatfield, 1D2022-0039 (Fla. 1st DCA February 28, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Usually, when a parent wants to change a Florida parenting plan, the parent must show there has been a substantial and material change in circumstances. When is this showing not required? This was an issue in the case Perseo v. Donofrio, 4D2022-2706 (Fla. 4th DCA February 7, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
If a parent wants to relocate while a Florida child custody case is pending, this usually requires the parent to amend pleadings to assert a claim for relocation. If the parent relocates before the relocation claim is decided, and the court ultimately denies the request for relocation, can the parent pivot to requesting a long-distance parenting plan instead that, for example, gives that parent timesharing during school breaks? This was an issue in the case Ward v. Waters, 3D23-178 (Fla. 3d DCA January 3, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is intentional interference with custody rights in Florida? This is a cause of action for which a third party can be sued for interfering with a parent’s custodial rights of a child. To prove a claim for this cause of action, a parent must show: “(1) the complaining parent has a right to establish or maintain a parental or custodial relationship with his/her minor child; (2) a party outside of the relationship between the complaining parent and his/her child intentionally interfered with the complaining parent’s parental or custodial relationship with his/her child by removing or detaining the child from returning to the complaining parent, without that parent’s consent, or by otherwise preventing the complaining parent from exercising his/her parental or custodial rights; (3) the outside party’s intentional interference caused harm to the complaining parent’s parental or custodial relationship with his/her child; and (4) damages resulted from such interference.” Glegg v. Van Den Hurk, 4D2023-0026 (Fla. 4th DCA January 10, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A recent appellate case seems to test many parts of Florida paternity laws where a man who believed he was the biological father of a child born outside of wedlock was proven wrong on both fronts. The case is Orosco v. Rodriguez, 6D23-1415 (Fla. 6th DCA December 15, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent is sentenced to a lengthy imprisonment, how does this affect child custody rights in Florida? The paramount concern in a Florida child custody case is the best interest of a child. While there is no one-size-fits-all approach to addressing cases in which one parent is incarcerated, the court can take into consideration the feasibility of visits with the incarcerated parent and telephone communication. This was an issue in the case Mitchell v. Ahmed, 1D2022-1896 (Fla. 1st DCA December 13, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can attorney’s fees be awarded in a Florida paternity case? Florida law does allow for attorney’s fees and costs to be paid in most family law cases, including paternity cases, based on the relative financial circumstances of the parties. A party who earns substantially more income than the other party might be ordered to pay the other party’s reasonable attorney’s fees and costs. This was an issue in the case Alarcon v. Dagen, 3D22-2027 (Fla. 3d DCA November 1, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Terminating a parent’s rights in Florida requires that the court make findings with clear and convincing evidence that “(1) [at least one statutory ground exists] for terminating parental rights set forth in Fla. Stat. Chp. 39.806(1); (2) termination is in the manifest best interest of the child; and (3) termination is the least restrictive means to protect the child from serious harm.” Molina v. Fuenmayor, 3D22-1756 (Fla. 3d DCA November 1, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Does the same standard apply to a temporary custody order as it does to a final custody order when it comes to modifying the order? Judges usually have wider discretion with temporary relief orders because the orders are temporary and issues can be corrected in a final order. This was an issue in the case Saenz v. Sanchez, 3D23-1018 (Fla. 3d DCA November 15, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Due process usually requires that all parties be on notice as to what will be considered at trial. Notice is typically given via the pleadings. If a party tries to request something at a hearing or trial that was not included in their pleadings, the other party can object. If the other party does not object, the issue may be tried by consent. This was discussed in the case Alarcon v. Dagen, 3D22-140 (Fla. 3d DCA November 8, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Modification of a Florida parenting plan requires the parent seeking modification to show “(1) circumstances have substantially and materially changed since the original time-sharing determination, (2) the change was not reasonably contemplated by the parties, and (3) the child’s best interests justify changing the time-sharing plan.” Lyles v. Guffey, 305 So. 3d 839, 840 (Fla. 1st DCA 2020) (citing Garcia v. Guiles, 254 So. 3d 637, 640 (Fla. 1st DCA 2018)). Modification of a parenting plan was an issue in the case Heath v. Lee, 1D2022-2963 (Fla. 1st DCA October 25, 2023).
