Posted by Nydia Streets of Streets Law in Florida Child Custody
When both parents are unable to maintain custody of their child in Florida, it is possible to grant temporary custody to extended relatives such as grandparents, aunts and uncles. This can be accomplished by agreement or by a showing that the parents are unfit to look after the best interest of the child. In the case Kitchen v. Cerullo, 3D18-1603 (Fla. 3d DCA December 18, 2019), the father appealed an order which took away his recently granted custody rights and granted temporary custody to his child’s maternal grandmother.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When parties to a Florida divorce just cannot get along, does this justify awarding sole parental responsibility to one parent? This issue arose in the case Musgrave v. Musgrave, 2D18-2792 (Fla. 2d DCA November 27, 2019) in which the court noted animosity between the parties and awarded sole parental responsibility to the former wife.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When filing a paternity case in Florida, it is important to know which court has proper jurisdiction over the child custody part of your case. The issue of jurisdiction often arises in these types of matters when one parent moves to another state close to the time the case was filed. This happened in Martinez v. Lebron, 5D18-2966 (Fla. 5th DCA November 15, 2019).
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.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a default is entered against a party in a Florida divorce case, it means the case will proceed without input from the defaulted party. A default is usually entered when a party fails to timely respond to a petition. When the court strikes a party’s pleadings for failure to obey court orders, this can have an effect similar to a default. The consequence of a default is that the defaulting party admits the allegations in the petition by the other party, usually resulting in the other party getting everything they asked for in the divorce because it was unopposed by the defaulting party. There are limits to this default effect, however, as highlighted in the case Shewmaker v. Shewmaker, 2D18-4604 (Fla. 2d DCA November 1, 2019).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Ordering a mental health evaluation in a Florida child custody case requires more than a feeling or belief that a parent is “crazy”. The mental health of the parent must first be “in controversy” as defined by Florida case law. If the matter is in controversy, good cause must exist for the evaluation to take place. In the appellate case Reno v. Reno, 1D19-1281 (Fla. 1st DCA October 3, 2019), a former wife appealed a court’s order to have her psychologically evaluated because of the former husband’s allegations that she was falsely reporting him for abusing their child.
Posted by Nydia Streets of Streets Law in Florida Child Custody
A finding of parental alienation in a Florida child custody case sometimes requires that extreme measures be taken in order to rectify or save a relationship between a parent and a child. In the appellate case Foreman v. James, 3D19-1802 (Fla. 3d DCA October 2, 2019), a mother appealed the trial court’s decision to order expensive reunification therapy that involved her having no contact with her daughter for more than 90 days based on a finding that the child was being alienated from her father.
Posted by Nydia Streets of Streets Law in Florida Child Custody
In a case of special circumstances, a non-biological parent was granted parental rights of a child born during a marriage in the case Thomas v. Joseph, 1D19-0102 (Fla. 1st DCA September 18, 2019). The parties in this case were involved in post-judgment litigation in which the parental rights of the non-biological parent were cancelled by the trial court’s order.
Posted by Nydia Streets of Streets Law in Florida Child Custody
As often happens in life, people move from city to city, state to state and even country to country. When a Florida child custody case is open, these moves may complicate issues related to jurisdiction. In the recent appellate case Bock v. Vilma, 3D19-1691 (Fla. 3d DCA September 11, 2019), an issue arose as to jurisdiction when the mother relocated to Maryland following residence in Florida with the parties’ minor child during a child custody case that stemmed from a Louisiana child custody order.
Posted by Nydia Streets of Streets Law in Florida Child Custody
How do you know if a Florida court has jurisdiction over your child custody case? The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a set of rules adopted by a majority of states which sets the standard for how a child custody case involving more than one state is to be handled. Sometimes, because parties move with their children before, during or after a child custody case is initiated, it may not be clear whether or not Florida has jurisdiction to rule on issues related to a parenting plan. This issue is highlighted in the case Awad v. Noufal, 2D18-3448 (Fla. 2d DCA September 13, 2019).
Posted by Nydia Streets of Streets Law in Florida Child Custody
In a case in which the court remarked on the time and money spent by both parties in litigating their Florida child custody issues, a major focus was on the time and money that would eventually be spent by the parties in effectuating their parenting plan since each parent lived in a different state. Marini v. Kellett, 5D17-1726 (Fla. 5th DCA August 16, 2019) examines how a court must take into consideration travel time and cost in considering the best interest of a child.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When one parent lives out-of-state and primary timesharing is awarded to the parent residing in Florida, the court creates a parenting plan that takes into account the state’s policy for each parent to have frequent and continuing contact with their children after separation. One consideration in a Florida long-distance parenting plan is the travel costs that will be incurred as a result of timesharing between two states. In the case Beck v. Lewis, 2D18-2319 (Fla. 2d DCA August 9, 2019), the father appealed a timesharing order that made the out-of-state mother the primary residential parent.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Most Florida family courts have what are known as standing orders. These orders typically lay out general duties of each party while a case is pending, and are mainly designed to preserve the status quo while a case is pending. In Dowell v. Knoras, 2D18-4220 (Fla. 2d DCA May 3, 2019), a paternity case, the mother appealed an order finding her in contempt of the court’s standing order prohibiting relocation of a parent and child while a case is pending.
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.
