Viewing entries tagged
Florida child custody case

Sole parental responsibility in Florida child custody case cannot be granted if not pled

Posted by Nydia Streets of Streets Law in Florida Child Custody

It is important to note that if a party wants certain relief in his or her Florida family law case, that party must request the relief in pleadings. This is because the general rule is that if you do not ask for something, the court cannot award it. By asking for something in pleadings, a party is giving fair notice to the other party what to expect in the case. This rule was illustrated in the recent appellate case Ducali v. Ducali, 1D17-1002 (Fla. 1st DCA July 9, 2019).

Florida child custody: When drug or alcohol addiction is an issue

Posted by Nydia Streets of Streets Law in Florida Child Custody

Drug and/or alcohol abuse can be taken into account in Florida child custody cases. If it is not in the best interest of children to have unsupervised visits with a drug or alcohol addicted parents, the court may order supervised visitation until there is improvement with the parent’s problem. When a parent shows that he or she is managing the addiction, the court can modify a parenting plan, as seen in the case McLendon v. D’Amico, 1D18-2648 (Fla. 1st DCA 2019).

Petition for custody by an extended relative in Florida

Posted by Nydia Streets of Streets Law in Florida Child Custody

Sometimes, children reside with caregivers other than their parents such as grandparents, aunts and adult siblings. In these cases, the caregiver usually needs a document that authorizes the caregiver to take actions on behalf of the child such as enrolling the child in school, obtaining medical information, etc. These petitions are most easily granted when the parents agree to the custody arrangement, but they are also possible when the parents do not agree.

Florida child custody: When a court grants relief not requested in a petition for modification

Posted by Nydia Streets of Streets Law in Florida Child Custody

In order to modify a Florida parenting plan, a party must show a substantial change in circumstances that was not contemplated at the time of entry of the parenting plan. A court has much less discretion in modifying a parenting plan than it does when initially creating one. The main components of Florida parenting plans are timesharing and parental responsibility. In a case in which the mother sought to remove the father’s ultimate decision-making authority concerning extracurricular activities, the court granted more relief than requested by the mother.

Florida child custody: Enforcing ambiguous terms of a Florida parenting plan

Posted by Nydia Streets of Streets Law in Florida Child Custody

The way settlement agreements are worded is a very important part of Florida family law cases. If there is ambiguity in a settlement agreement, this can cause uncertainty, confusion and conflict in enforcement of the terms of an agreement. Take for example the case Wohlberg v. Conner, 234 So.3d 841 (Fla. 4th DCA 2018) in which the parties disagreed regarding the meaning of a part of their parenting plan which controlled timesharing.

How Florida family courts deal with multi-state child custody litigation

Posted by Nydia Streets of Streets Law in Florida Child Custody

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a codified set of rules which has been adopted by 49 states in the United States. Essentially, it is a set of rules these states agree to follow when it comes to child custody cases so that contradicting rulings are not made in cases when parties move to different states or try to file cases in multiple states. One appellate case shows us how the the UCCJEA is applied in a multi-jurisdiction case.

Required language in a Florida child custody order granting decision-making authority to one parent

Posted by Nydia Streets of Streets Law in Florida Child Custody

A parent’s right to make decisions affecting the welfare of a child is considered to be so important in Florida family law that there is a presumption that equal decision-making authority for both parents is in the best interest of the child. This is called shared parental responsibility. However, under certain circumstances, a Florida family court will award sole decision-making authority to one parent.

Requesting a psychological evaluation in your Florida child custody case

Posted by Nydia Streets of Streets Law in Florida Child Custody

Many parties to Florida child custody cases want to know, “Can I have the other parent undergo a psychological evaluation?” The answer to this question is the classic lawyer response: It depends. Florida law relies on a two-part analysis to determine if such an evaluation is warranted: (1) The examination must be related to a matter in controversy and (2) the party requesting the exam must show good cause exists for it.

What if you were denied court-ordered holiday timesharing?

Posted by Nydia Streets of Streets Law in Florida Child Custody

During the holidays, some parents unfortunately find themselves in the middle of nasty child custody issues which derail even court ordered timesharing. Here’s what you may want to consider if you are one of these parents.

Procedure: Standard for awarding attorneys' fees for bad faith conduct

Posted by Nydia Streets of Streets Law in Florida Child Custody

Sometimes even after a Florida parenting plan is entered, problems can arise when the parties disagree as to the interpretation of certain provisions of the plan. Such was the case in Greene v. Greene, 1D17-2120 (Fla. 1st DCA 2018) where the disagreement escalated to the point that the police were called multiple times. In some cases, the court can award attorneys’ fees to the offending party, but a certain standard must be met before doing so.