Miami family law attorney blog
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Miami Supervised Timesharing
Posted by Nydia Streets of Streets Law in Florida Child Custody
Florida law has consistently held that a court is not permitted to delegate its decision-making authority to third parties when it comes to child custody issues. This is because the court, and not other professionals, are charged with making decisions that affect the best interest of a child. This was an issue in the case Malley v. Malley, 4D2023-0332 (Fla. 4th DCA June 20, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Will a parent’s drinking problem affect his or her time-sharing in a Florida child custody case? Florida Statute 61.13 authorizes a court to consider “the demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse” when creating a parenting plan. Therefore, yes, a drinking problem will likely have an effect on the outcome of the case. This was an issue in Gugliemi v. Gugliemi, 1D19-1578 (Fla. 1st DCA July 6, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Supervised visits in a Florida child custody case are ordered when a court finds that unsupervised visits are not in the best interest of a child. This could be because a parent has placed a child in dangerous situations previously or the parent has otherwise demonstrated that he or she is incapable of protecting the child’s welfare with unsupervised visits. When supervised visits are ordered, a court usually has to state how the parent can eventually gain unsupervised visits. This was an issue in the case Natali v. Natali, 2D20-513 (Fla. 2d DCA March 26, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Because supervised visits in Florida child custody cases usually severely restrict a parent’s access to a child, the law requires that certain provisions be included in an order which includes this type of visitation. The case T.D. v. K.F.., 2D18-4291 (Fla. 2d DCA November 8, 2019) goes over these provisions.
