Miami family law attorney blog
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Child Custody
Posted by Nydia Streets of Streets Law in Florida Child Custody
If parties agree to each pay their own attorneys’ fees in their marital settlement agreement, even for future litigation, is this provision enforceable? This issue arose in the case Helinski v. Helinski, 3D19-1273 (Fla. 3d DCA May 13, 2020) in which the former wife appealed an order denying her request for attorneys’ fees and costs.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a Florida family law court force parents to communicate via platforms such as Our Family Wizard? This was one of the issues brought up in the appellate case Scudder v. Scudder, 4D19-2288 (Fla. 4th DCA May 6, 2020) in which the former husband appealed several child custody-related issues.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent’s child custody rights are at stake in a Florida family law case, that parent must be given proper notice of this. This legal principle is illustrated in the case Foreman v. James, 3D19-1802 (Fla. 3d DCA May 6, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Does a parent’s move to a home closer to the children justify modification of a Florida parenting plan? This was at issue in the case Bryan v. Wheels, 1D19-2670 (Fla. 1st DCA May 1, 2020) in which the former husband appealed a court’s order modifying a parenting plan on the basis of the former wife’s relocation to within 35 miles of the children’s residence.
Posted by Nydia Streets of Streets Law in Florida child custody
Are children allowed to testify in a Florida family law case? If a judge deems it to be in the best interest of a child to be heard in court, the judge may allow the children to speak in chambers outside of the presence of the parents or other parties. However, certain parameters must be in place if the judge will rely on this testimony to make a decision in the case. Talarico v. Talarico, 3D20-0560 (Fla. 3d DCA April 22, 2020) goes over those parameters.
Posted by Nydia Streets of Streets Law in Florida child custody
Can a parent’s improved mental health be a basis for modifying a Florida child custody order? This was at issue in the case Bell v. Bell, 1D19-2784 (Fla. 1st DCA April 23, 2020) in which the former wife appealed an order granting the former husband’s petition for modification.
Posted by Nydia Streets of Streets Law in Florida child custody
What is a substantial change in circumstances that will warrant the modification of a Florida parenting plan? While there is no one correct answer, one recent case sheds light on what may be considered a substantial change in circumstances: Izquierdo v. Del Valle, 4D19-1055 (Fla. 4th DCA April 22, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent wants to relocate more than 50 miles from his or her current residence with the parties’ child, it is important that the parent follow the appropriate steps to have the relocation approved. In the case Leos v. Hernandez, 3D19-1665 (Fla. 3d DCA April 15, 2020), an appeal was taken regarding the lower court’s decision to grant the mother’s request for relocation.
Posted by Nydia Streets of Streets Law in Florida Child Custody
After the entry of a Florida parenting plan, when either or both parents fail to follow the plan, post-judgment litigation can occur. When a parent files a motion for contempt of a parenting plan, the court must examine whether or not there is competent, substantial evidence to support a finding of contempt. This was the issue in the case Wolf v. Wolf, 2D18-1645 (Fla. 2d DCA March 18, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When parents live in different states this can give rise to a long-distance Florida parenting plan. The best interest of the child is the paramount concern in creating a parenting plan. In Edkin v. Edkin, 5D19-2590 (Fla. 5th DCA March 20, 2020) at issue was a long-distance parenting plan that provided for a rotating timesharing schedule between two states.
Posted by Nydia Streets of Streets Law in Florida Child Custody
A basic rule in Florida family law cases is that a party must be on notice of relief that may be granted at a hearing. In the case Ramirez v. Ramirez, 4D19-3260 (Fla. 4th DCA March 18, 2020), the court considered the issue of a mother’s appeal of an award of temporary sole parental responsibility to the father.
Posted by Nydia Streets of Streets Law in Florida child custody
What happens when a parent does not show up for a trial in a Florida child custody case? This issue arose in the case Booth v. Hicks, 2D18-4651 (Fla. 2d DCA March 18, 2020) in which the mother appealed a final judgment that granted the father sole parental responsibility and certain timesharing after she failed to appear at the final hearing.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Incidents of domestic violence in the presence of a child can lead to modification of a Florida parenting plan. In Meyers v. Meyers, 2D18-4931 (Fla. 2d DCA March 6, 2020), the former wife filed a petition for modification, alleging there was domestic violence between the former husband and his current wife in the presence of the parties’ child.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent loses timesharing as a result of modification of a final judgment in Florida, is the court required to specify steps the parent must take to regain timesharing? This issue arose in the case C.N. v. I.G.C., 5D19-473 (Fla. 5th DCA March 6, 2020) in which the mother appealed the trial court’s modification of her parenting plan to grant the father primary custody.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Under Florida law, a parenting plan may be modified based on a showing of a substantial change in circumstances that was not contemplated at the time of entering the parenting plan. This applies when a parent wants to modify parental responsibility. In the case Socol v. Socol, 4D18-3565 (Fla. 4th DCA March 4, 2020), a petition for modification was filed in which the mother requested sole parental responsibility.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Modification of a Florida parenting plan requires a showing of a substantial change in circumstances that was not contemplated at the time the original parenting plan was entered. In the case Kyle v. Carter, 1D19-2014 (Fla. 1st DCA February 19, 2020), the former husband sought a modification of a parenting plan which was granted by the trial court and appealed by the former wife.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Modification of a parenting plan, including parental responsibility, requires a showing of a substantial change in circumstances that was not contemplated at the time of entry of the current parenting plan. In Ezra v. Ezra, 3D19-0704 (Fla. 3d DCA February 5, 2020), the court considered an appeal centered around a lower court’s modification of the parenting plan to grant the former wife sole parental responsibility regarding educational and medical decisions.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent continuously violates a child custody order and negatively affects the other parent’s access to a child, what remedies are available in Florida? The parent may be held in contempt for willful violation of a court’s orders as happened in the case Thompson v. Melange, 1D19-854 (Fla. 1st DCA January 21, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Is a child repeating a school grade enough to warrant modification of timesharing? This issue was considered in the case Light v. Kirkland, 1D19-2012 (Fla. 1st DCA January 21, 2020) in which the trial court considered the acrimonious relationship between the parents and tied this to the child’s poor performance in school.
Posted by Nydia Streets of Streets Law in Florida Child Custody
A Florida parenting plan can be modified upon a showing of a substantial change in circumstances that was not contemplated at the time the plan was entered. There must also be a showing that a modification of the plan would be in the best interest of the child. In Hutchinson v. Hutchinson, 1D19-946 (Fla. 1st DCA December 27, 2019), the former wife appealed an order modifying timesharing.
