Posted by Nydia Streets of Streets Law in Florida Child Custody
When a child is wrongfully removed from Florida or the United States, the Uniform Child Custody Jurisdiction and Enforcement Act, and/or the Hague Convention may be implicated. When there are competing orders in different jurisdictions, a party may seek an antisuit injunction which means they are asking the Florida court to prevent a foreign court from exercising jurisdiction in the case. This was an issue in the case Niemeyer v. Niemeyer, 3D24-1692 (Fla. 3d DCA April 23, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) in a Florida child custody case? This is a set of rules contained in Chapter 61 of the Florida Statutes which provides the framework for a Florida court exercising jurisdiction over a child custody matter. Other states that have also adopted the UCCJEA agree to follow the same rules in enforcing child custody disputes that involve multiple states. These rules were an issue in the case Lindstrom v. Lindstrom, 3D23-2035 (Fla. 3d DCA April 2, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a court temporarily suspend a parent’s time-sharing without the other parent filing a petition for modification of time-sharing or the parenting plan? This was an issue in the case Mishkin v. Mishkin, 3D24-1516 (Fla. 3d DCA March 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When one parent’s time-sharing or contact with their children is suspended, a court may hold a hearing to determine if the suspension should be extended or cancelled. This was an issue in the case Sala v. Wood, 3D24-1851 (Fla. 3d DCA February 26, 2025).
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).
