Posted by Nydia Streets of Streets Law in Florida Child Custody
The Convention on the Civil Aspects of International Child Abduction at the Hague (known as the “Hague Convention”), provides remedies for parents whose children have been wrongfully removed from a country. In order to initiate proceedings under this Convention, certain conditions must be met, including that the parent seeking return of a child has custody rights, and that those rights were actually being exercised at the time of the alleged abduction. The Hague Convention provides certain defenses that the other parent can assert. This was an issue in the case De La Melena v. Panez, 6D2023-3946 (Fla. 6th DCA November 22, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Grandparent visitation in Florida is limited because Florida law recognizes the right of parents to raise their children without interference. However, if a grandparent is granted visitation rights in a state that permits such rights, Florida case law has consistently held that it will enforce out-of-state grandparent visitation orders under the Full Faith and Credit Clause of the United States Constitution. This was an issue in the case Mattingly v. Hatfield, 1D2022-0039 (Fla. 1st DCA July 3, 2024) which was reconsidered on rehearing.
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
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
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).
