Miami family law attorney blog
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Child Custody
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a party willfully refuses to follow a court order, that party may be held in contempt by the court. Contempt carries the possibility of punishment ranging from monetary fines to incarceration. A father who refused to surrender his child’s passport to the mother of the child in violation of a court order was the subject of the case Harrington v. Pospishil, 4D20-891 (Fla. 4th DCA February 17, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Parties to a Florida family law proceeding have the right to have court reporter appear at and record a hearing. This is often important to do in order to preserve a party’s appellate rights. Without a transcript of the trial court’s proceedings, an appellate court may not be able to determine if an error was committed. This is illustrated in the case Posso v. Sierra, 5D20-578 (Fla. 5th DCA February 12, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Attorney’s fees can be awarded in a Florida paternity case where the financial resources of the parties are disproportionate. This award can be made without regard to who ultimately prevails in the case. An award of fees is determined in two parts - first the entitlement to fees and then the r
Posted by Nydia Streets of Streets Law in Florida Child Custody
A case that was appealed last year in the Florida 1st District Court of Appeal was reconsidered and a new opinion was released. The case involved a dispute about child custody jurisdiction between Florida and Oregon, and this time, the maternal grandmother and paternal grandparents of the child were at odds about the court’s prior ruling on jurisdiction. The case is Lunsford v. Engle, 4D19-774 (Fla.4th DCA January 20, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Shared parental responsibility in Florida is routinely awarded unless a parent can show having shared parental responsibility is detrimental to a child. There is also the option of awarding shared parental responsibility, but granting ultimate decision making authority to one parent. This issue was appealed in the case Glevis v. Glevis, 2D19-4530 (Fla. 2d DCA January 15, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Modification of a Florida parenting plan requires a finding by a court of a substantial, material and unanticipated change in circumstances. Failure to include findings to this effect usually requires reversal of the final judgment on appeal. The case Romeo v. Romeo, 2D19-3237 (Fla. 2d DCA November 20, 2020) sheds light on this standard.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a child is removed from Florida and taken to another country by a parent, what can be done? International child custody disputes can be very complex because they involve application of international treaties as well as domestic laws. This is illustrated in the case Stone v. Suzuki, 2D20-451 (Fla. 2d DCA December 23, 2020).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Requesting a psychological evaluation of a parent in a Florida child custody case implicates constitutional privacy concerns. This is why Florida law requires that certain steps and analysis take place before a court can compel a parent to undergo psychological testing. The case Ludwigsen v. Ludwigsen, 2D20-1228 (Fla. 2d DCA December 2, 2020), highlights some of the issues for a court to consider in ordering a parent to be evaluated.
Posted by Nydia Streets of Streets Law in Florida Child Custody
A party who wants to modify a Florida parenting plan has an “extraordinary burden” to show that there has been a substantial change in circumstances which warrants modification of time-sharing. This change must not have been contemplated at the time the parenting plan sought to be modified was established. In the case Lyles v. Guffey, 1D20-1159 (Fla. 1st DCA November 20, 2020), an appeal was taken concerning a request to modify time-sharing.
Posted by Nydia Streets of Streets Law in Child Custody
To modify a parenting plan in Florida, a court must make a finding that there has been a substantial change in circumstances which was not contemplated at the time of entry of the final judgment. Additionally, the court must find a modification is in the best interest of a child - a parenting plan usually cannot be changed because a parent changes his or her mind. A modification was sought in the case Romeo v. Romeo, 2D19-3237 (Fla. 2d DCA November 20, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Custody
The Hague Convention applies to international child custody cases in which an accusation of parental abduction or interference with a child custody right is at issue. As stated in the case Cruz de Carvalho v. Carvalho Pereira, 1D20-523 (Fla. 1st DCA November 16, 2020): “The Convention’s central operating feature is the return remedy. When a child under the age of 16 has been wrongfully removed or retained, the country to which the child has been brought must ‘order the return of the child forthwith,’ unless certain exceptions apply.”
Posted by Nydia Streets of Streets Law in Florida Child Custody
A parent may be held in contempt of a Florida parenting plan if he or she is willfully refusing to follow its terms. To show that a parent is intentionally refusing to abide by a court-ordered parenting plan, one requirement is that the court-ordered plan have clear and concise terms. This is illustrated in the case Lynne v. Landsman, 1D20-350 (Fla. 1st DCA November 4, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Custody
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a set of rules adopted by a majority of U.S. states which seeks to prevent confusion in handling interstate child custody issues. The states that agree to follow the UCCJEA are bound by a set of rules which govern child custody disputes that concern more than one state. Florida has adopted the UCCJEA, and one of the most common applications of it in Florida child custody cases is the home state rule. In order for a Florida court to exercise jurisdiction over a child custody dispute, the child who is the subject of the case must have resided in Florida for six consecutive months immediately preceding the filing of the case. UCCJEA jurisdiction was disputed in the case Varchetti v. Varchetti, 4D20-582 (Fla. 4th DCA August 26, 2020).
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).
