Posted by Nydia Streets of Streets Law in Florida Child Custody
Evidence of a parent’s mental health may be considered when a Florida parenting plan is being established or modified. If a parent objects to his or her mental health records being admitted into evidence or explored, the court must decide if the objection is valid or if it should be overruled. In the case Brooks v. Brooks, 1D20-2346 (Fla. 1st DCA April 20, 2021), the former husband appealed a final judgment of divorce based on the court’s reliance on his disability records.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a final judgment in a Florida family law case is inconsistent with exhibits such a parenting plan, confusion can follow. In the case Couture v. Couture, 1D20-2722 (Fla. 1st DCA April 1, 2021), a final judgment gave the father majority time-sharing, but the parenting plan attached did not reflect that.
Posted by Nydia Streets of Streets Law in Florida Child Custody
A guardian ad litem can be appointed in a Florida child custody case to help a judge determine the best interest of a child when parents cannot agree. The guardian’s fees are usually paid by the parent with the court determining what percentage of the fee each parent should pay. The payment of a guardian’s fee was an issue in the case Helinski v. Helinski, 3D19-2270 (Fla. 3d DCA March 31, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Supervised visits in a Florida child custody case are ordered when a court finds that unsupervised visits are not in the best interest of a child. This could be because a parent has placed a child in dangerous situations previously or the parent has otherwise demonstrated that he or she is incapable of protecting the child’s welfare with unsupervised visits. When supervised visits are ordered, a court usually has to state how the parent can eventually gain unsupervised visits. This was an issue in the case Natali v. Natali, 2D20-513 (Fla. 2d DCA March 26, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A therapist who treats a minor child may be barred from testifying about the child’s treatment by Florida’s psychotherapist-patient privilege. This privilege means information related to the treatment is confidential and may only be disclosed if allowed by the patient. In the case of a minor child who is not competent to decide whether privilege should be waived, who can speak for the child in this regard? This was an issue in the case S.H.Y. v. P.G., 2D19-4646 (Fla. 2d DCA March 26, 2021).
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 which was not contemplated at the time of entry of the plan. The standard does not require a court to consider whether or not the status quo will be detrimental to a child. This was an issue in the case R.S. v. S.K., 2D20-454 (Fla. 2d DCA March 12, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Child custody issues in Florida generally cannot be decided by default. This is because the best interest of the child is the paramount concern, and granting one parent custody rights over the other without allowing the other parent the chance to present evidence concerning the best interest of the child may be detrimental. A default is entered when a party fails to timely respond to a petition. A default means the party who failed to respond admits the allegations made by the other party. This was an issue in the case Corridon v. Corridon, 3D20-0596 (Fla. 3d DCA February 17, 2021).
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).
