Miami family law attorney blog
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Child Custody
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).
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).
