Posted by Nydia Streets of Streets Law in Florida Child Custody
A child’s participation in extracurricular activities is an important consideration in a Florida parenting plan. The cost and time commitment involved in many extracurricular activities can have an impact on a parent’s time-sharing and wallet. This is why it is important that a Florida child custody order contain the appropriate provisions to account for the child’s participation in such activities, and the parent’s obligations regarding the same. This was an issue in the case Malha v. Losciales, 3D19-1957 (Fla. 3d DCA August 19, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Custody
In order to modify a Florida parenting plan, there must be a showing of a material, substantial and unanticipated change in circumstances which was not contemplated at the time of entry of the original plan. A court has less discretion in modifying a parenting plan than it does in initially creating one. In the case Miller v. Miller, 5D19-558 (Fla. 5th DCA August 21, 2020), the former husband appealed a final judgment modifying a child custody order and child support.
Posted by Nydia Streets of Streets Law in Florida Child Support
What happens when there is a delay between a trial and the date the final judgment is actually entered? Sometimes when too much time has passed, details can be forgotten and evidence becomes stale. An appeal of the final judgment may be necessary when there are differences between the findings made at the hearing and what is included in the order. A delay in entering the final judgment was an issue in the case Tavares v. Enoch, 4D19-2135 (Fla. 4th DCA August 5, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A guardian ad litem is sometimes appointed in contested Florida child custody cases. The guardian is a party to the case who investigates the claims made by each side and reports to the Court concerning the investigation. It is usually inevitable that one or both sides will be unhappy with the guardian’s findings. When a party wants to have the guardian replaced or dismissed, what standard must a court follow in determining a motion to disqualify a guardian ad litem? This was at issue in the case Bouchard v. Bouchard, 2D19-3592 (Fla. 2d DCA July 8, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A parent’s failure to follow a parenting plan can result in modification of a time-sharing schedule to award the non-offending parent more time-sharing. However, modification must be done under the correct circumstances and at the correct procedural juncture. This was an issue in the case Chevalier v. Emmerson, 4D20-1034 (Fla. 4th DCA July 15, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a parent’s mental health records be subpoenaed in a Florida child custody case? The answer depends on what is at issue - is the parent being accused of having a mental health issue which affects his or her ability to parent? In the case Ricketts v. Ricketts, 2D19-3854 (Fla. 2d DCA June 19, 2020), we see a case in which it was ultimately ruled that discovery of the mother’s mental health records was inappropriate.
Posted by Nydia Streets of Streets Law in Florida Child Custody
A court-ordered Florida parenting plan usually cannot be based on future, speculative events. This is because no one knows the best interest of a child for most future events. This was an issue in the recent case C.G. v. M.M., 2D19-857 (Fla. 2d DCA May 20, 2020).
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.
