Miami family law attorney blog
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Child Custody
Posted by Nydia Streets of Streets Law in Florida Child Custody
A Florida parenting plan must include certain provisions, at a minimum, which serve to notify each parent of his or her rights and responsibilities under the parenting plan. In the case E.V. v. D.M.V.H., 2D18-2240 (Fla. 2d DCA May 29, 2019), the father appealed, partially on the basis that the trial court did not include those minimum provisions.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent relocates before a court approves his or her petition to do so, is the parent entitled to modification of the timesharing schedule in the event the petition is ultimately denied? This question was answered in the case Hull v. Hull, 5D18-1517 (Fla. 5th DCA May 31, 2019) in which the former husband sought to relocate to Oregon with the parties’ minor children.
Posted by Nydia Streets of Streets Law in Florida Child Custody
After a final judgment is entered in a Florida child custody case, the parties have the opportunity to file what is called a motion for rehearing or reconsideration. This motion calls the court’s attention to evidence or law which may have been overlooked or misinterpreted by the court. If the court decides that a rehearing or reconsideration is warranted, it may enter an amended final judgment, but the court must conduct a hearing first as explained in Thomas v. Cromer, 3D18-140 (Fla. 3d DCA June 12, 2019).
Posted by Nydia Streets of Streets Law in Florida Child Custody
It is not unusual for a judge to request both parties to submit their proposed final judgment after a hearing. Each party thus has the opportunity to insert in the order the findings and conclusions of law the party feels supports his or her position in the case. Of course, said findings and conclusions should be limited to what was actually presented at the hearing. In the case Trainor v. Cisneros, 3D18-921 (Fla. 3d DCA June 12, 2019), the former wife appealed a final judgment prepared by the former husband and adopted by the court.
Posted by Nydia Streets of Streets Law in Florida Child Custody
In order to modify a Florida child custody order, a party must show there is a substantial change in circumstances which was not contemplated at the time the original order was entered. What constitutes a substantial change in circumstances? Changes that substantially impact a parent’s ability to follow the current parenting plan and/or affect the best interest of the parties’ children usually qualify as a substantial change. As with most issues in Florida family law, however, the answer relies on a case-by-case analysis. One such analysis is available in the recent appellate case Hollis v. Hollis, 2D18-2293 (Fla. 2d DCA June 19, 2019).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When are supervised visits ordered in a Florida child custody case? This type of timesharing restricts the affected parent to visits with his or her children only in the presence of a court-appointed supervisor or therapist. The purpose is to ensure the safety of the children and to address any issues that are a barrier to unsupervised visits. As we see in the recent appellate case Pierre v. Bueven, 3D18-1313 (Fla. 3d DCA June 6, 2019), a court order for supervised visits must include specific provisions.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Temporary relief orders are routinely entered in Florida child custody cases. This is so that parties do not have to wait several months (and in some cases a year or more) for their final hearing to obtain relief. The case Beck v. Lewis, 2D18-2319 (Fla. 2d DCA August 9, 2019) explores how a court reviews a party’s request to set aside a temporary order on child custody.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a party has a pending petition for relocation in Florida, that party can file a motion for temporary relocation so that the party does not have to wait until a final hearing if relocation must happen immediately due to a job offer or other exigent circumstance. In the case Miller v. Miller, 1D19-843 (Fla. 1st DCA July 16, 2019), the mother appealed an order granting temporary relocation for the father.
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).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Although we hope that divorcing parents can have an amicable relationship for the sake of their children, this is not always the case. In extreme circumstances, one parent may put the children in the middle of conflict with the other parent to the children’s detriment. This was the case in Schot v. Schot, 4D18-1607 (Fla. 4th DCA May 29, 2019) in which the former wife appealed an order granting the former husband’s request for equal timesharing based on her exacerbation of one child’s medical condition.
Posted by Nydia Streets of Streets Law in Florida Child Custody
It is anticipated that after a divorce, spouses will move on to new relationships. Most will agree it is in the best interest of the children involved that the spouses and their significant others all get along when it comes to issues that involve the children. In the case Godwin v. Godwin, 4D18-2228 (Fla. 4th DCA May 15, 2019), a main point of contention surrounded the former husband’s girlfriend’s presence at the children’s doctor’s appointments.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a party fails to follow a Florida child custody order, he or she can be held in contempt of court. Sanctions may include community service to be performed by the parent not in compliance and make-up time-sharing for the other parent. However, time-sharing cannot be modified as a sanction absent certain factors as stated in the case Andre v. Abreu, 3D17-1747 (Fla. 3d DCA March 27, 2019).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is a parent supposed to do if a child refuses to go with the other parent during a court-ordered visitation exchange? This situation arose in the case Akre-Deschamps v. Smith, 2D17-4837 (Fla. 2d DCA March 20, 2019) after which the mother was held in contempt when the parties’ daughter refused to board a plane with the father during a time-sharing exchange.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Florida family courts have ruled repeatedly that a parent cannot be ordered to have supervised timesharing without specified steps that lead to unsupervised timesharing. Additionally, a court cannot delegate timesharing decisions to one parent. These holdings are found in the recent appellate case Lightsey v. Davis, 4D18-2848 (Fla. 4th DCA March 6, 2019).
Posted by Nydia Streets of Streets Law in Florida Child Custody
In order for a parent to relocate, a parent must comply with the mandates of Florida Statute Chp. 61.13001. Specifically the parent must obtain the written permission of the other parent or obtain a court order allowing relocation. In the case Allende v. Veloz, 3D18-10 (Fla. 3d DCA February 20, 2019) the mother did not follow the statute and obtain the oral consent of the father to move from Miami to Orlando with the parties’ child.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent fails to timely object to a petition for relocation, does the burden of proof as to the best interest of the children shift to the non-relocating parent? This question was answered in the appellate case Sanabria v. Sanabria, 3D17-1821 (Fla. 3d DCA February 20, 2019).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A parent’s failure to follow a Florida parenting plan may result in that parent being held in contempt of court. But in order to be held in contempt, a final judgment must clearly and definitively direct a party regarding his or her obligations under the order. We see this principle at play in the recent appellate case Cancino v. Cancino, 3D17-601 (Fla. 3d DCA February 13, 2019).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Although Florida parenting plans signed by both parents are considered enforceable contracts, they are subject to approval by the court. If a parent raises a concern about a parenting plan after it is signed, but before the court enters an order ratifying the plan, the court must consider the best interest of the child.
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).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A Florida child custody order must be based on a consideration of the best interest of the child, giving weight to the factors listed in Florida Statute Chp. 61.13. Even if a parent’s behavior causes prejudice to the other parent, that behavior cannot be the basis for a court to order a child custody arrangement. This rule of law is exemplified in the case Parris v. Butler, 2D18-1932 (Fla. 2d DCA 2019).
