Miami family law attorney blog
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Child Custody
Posted by Nydia Streets of Streets Law in Child Custody
Parenting plans entered in Florida child custody cases usually include a relocation provision which states a parent cannot relocate with a child without the written permission of the other parent or a court order. Absent an agreement to the contrary, this is the standard imposed by Florida law, and the case Horn v. Horn, 225 So.3d 292 (Fla. 1st DCA 2017) is an example of an appellate court upholding this standard.
Posted by Nydia Streets of Streets Law in Child Custody
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is an important set of laws adopted by most states which seeks to avoid conflicting orders from different state courts in child custody cases and promotes cooperation between state courts. The appellate case Haugabook v. Jeffcoat-Hultberg, 219 So.3d 65 (Fla. 2016) illustrates the importance of the UCCJEA.
Posted by Nydia Streets of Streets Law in Child Custody
When a parent seeks to relocate with a child more than 50 miles from his or her current residence and the other parent does not agree, the court must make the difficult decision of determining whether the relocation is in the best interest of the child. Such was the situation in the Miami Family Law case Naime v. Corzo , 208 So.3d 296 (Fla. 3d DCA 2016).
Posted by Nydia Streets of Streets Law in Child Custody
When it comes to filing your child custody case, you will want to be sure the court in which you plan to file has jurisdiction to consider your case. Jurisdiction means the power or authority the court has to make rulings in your case.
Posted by Nydia Streets of Streets Law in Child Custody
Parental kidnapping is an unfortunate reality when it comes to Florida child custody cases. In these cases, it can be difficult to retrieve a kidnapped child, especially if the child has been abducted to another country. But there are safeguards a parent can request in a custody order to deter kidnapping.
Posted by Nydia Streets of Streets Law in Child Custody
When a Florida child custody case is contested, the court may decide to rely on a guardian ad litem to get to the bottom of the he-said, she-said that is usually prevalent when parties disagree about the facts. A guardian ad litem is a party who investigates and makes recommendations to the court concerning the best interest of the children involved.
Posted by Nydia Streets of Streets Law in Child Custody
Kids may take just as much of an emotional hit as the parents when it comes to divorce. The adjustment for the children in transitioning from one household to two and seeing their parents break up can be difficult. This is one of the reasons why the Florida family courts require parents to take a course aimed at successful co-parenting in the midst of separation.
Posted by Nydia Streets of Streets Law in Child Custody
When the creation of a Florida parenting plan is at issue in a Miami child custody case, one tool available to the court to get to the bottom of the best interest of the child in the midst of he-said, she-said allegations is to order a social investigation. Who pays for it and who conducts it is specified in the Florida Statutes.
Posted by Nydia Streets of Streets Law in Child Custody
Maintaining a strong parent-child bond does not always begin and end with time-sharing. Electronic communication, such as phone and video conferencing, are important ways to reinforce the bond between parent and child, and is especially useful in the case of long-distance parenting plans in which one parent resides far away or out-of-state. Florida law provides certain parameters for ordering electronic communication between parents and children.
Posted by Nydia Streets of Streets Law in Child Custody
Active duty military service members may face challenges in maintaining substantial and consistent contact with their children due to deployments. When a time-sharing order is already in place, Florida law provides certain remedies for a deployed parent to ensure that his/her contact is minimally affected.
Posted by Nydia Streets of Streets Law in Child Custody
What if a parent moves far away without the permission of the court or the other parent who has time-sharing rights pursuant to court order? Florida law states a parent cannot relocate more than 50 miles from his/her residence without a court order or the written permission of the other parent when there is a court-ordered visitation schedule in place and/or a case is pending to establish one. Florida child custody laws provide a remedy for the parent whose time-sharing and parental rights are affected.
Posted by Nydia Streets of Streets Law in Child Custody
After parents separate and establish their parenting plan, their lives can go through major changes. Once such change is relocation to another county, state or even country. An opportunity to relocate can be presented by a great job offer or an engagement to a new partner. This presents a difficult dilemma, however, when the non-relocating parent's visitation rights will be impacted by the move.
Posted by Nydia Streets of Streets Law in Child Custody
Sometimes special circumstances exist that a Florida child custody court must consider when determining time-sharing. For example, a parent who is residing in a half-way house or a rehabilitation center may request time-sharing with a child, but whether or not that time-sharing includes over night visitation requires in-depth review.
Posted by Nydia Streets of Streets Law in Child Custody
Sometimes the easy part of a child custody case is establishing a Florida parenting plan and the difficult part is making sure it is followed. When a parent refuses to follow the court-ordered time-sharing or visitation in place, this can frustrate the rights of the other parent. Florida law provides some remedies and punishments designed to deter such behavior.
Posted by Nydia Streets of Streets Law in Child Custody
Parental responsibility is an important designation made in a Miami child custody case which refers to the right of the parents to make major decisions regarding their children. The court can award shared or sole parental responsibility, or a mix of both. How the court determines this is fact-specific.
Posted by Nydia Streets of Streets Law in Child Custody
When divorcing or separating parents are involved in a Miami child custody case, many want to know what is required in a parenting plan. A Florida parenting plan is a road map parents agree to follow or are ordered to follow that describes how the parents will cooperate in raising their child until the child turns 18. Some basic required provisions contribute to the foundation for a successful co-parenting relationship.
Posted by Nydia Streets of Streets Law in Child Custody
Florida child custody cases are no doubt difficult to decide when parents do not agree on a time-sharing schedule and parental responsibility. Above all, the court must consider the best interest of the child when creating a parenting plan. There are several factors the court looks at to determine the best interest of the child.
Posted by Nydia Streets of Streets Law in Child Custody
Sometimes, psychologists are relied on in a Miami child custody case to make a recommendation regarding a child’s best interest. Florida law provides certain safeguards for psychologists to apparently protect them against frivolous lawsuits filed by parents involved in Florida family law cases.
Posted by Nydia Streets of Streets Law in Child Custody
In a Miami child custody case that is highly contested, a parenting coordinator may be the key to peaceful resolution of parental conflict. Florida law puts certain requirements in place to ensure a parenting coordinator addresses the best interest of the parties’ children.
By Nydia Streets of Streets Law posted in Child Custody on January 19, 2016
If you are involved in a Miami child custody case, chances are you’ve heard about a parenting plan. A Florida parenting plan is essentially a blueprint you and the other parent of your child ideally will follow in raising your child in separate homes. This plan can be created by the court, or even better, created through the agreement of the parents. Today we discuss some basic parenting plan elements so that you can get the ball rolling on creating a strategy for child-rearing success.
