Posted by Nydia Streets of Streets Law in Florida Child Custody
Will a parent’s drinking problem affect his or her time-sharing in a Florida child custody case? Florida Statute 61.13 authorizes a court to consider “the demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse” when creating a parenting plan. Therefore, yes, a drinking problem will likely have an effect on the outcome of the case. This was an issue in Gugliemi v. Gugliemi, 1D19-1578 (Fla. 1st DCA July 6, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
How much notice must be given to a party before he or she is required to undergo drug testing in a Florida child custody case? Due process requires that a party be given adequate advance notice of a hearing and an opportunity to prepare. In the case Lopez v. Frometa, 3D21-911 (Fla. 3d DCA June 2, 2021), at issue was an order entered at a hearing after the parties were given a little over one-hour of notice that the hearing was to occur.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a party is not given the chance to cross examine witnesses or present a defense to accusations against them in a Florida family law case, this may be a violation of the party’s due process rights. Due process is generally defined as fairness. In order for justice to prevail, the process should be fair. This was an issue in the case Orozco v. Rodriguez-Amadeo, 3D20-0473 (Fla. 3d DCA June 2, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What happens in a Florida child custody case when the judge’s order grants relief that was not requested by the parties? Due process requires that both parties be put on notice as to what they are expected to defend against in a legal proceeding. So if a party does not request certain relief in his or her petition, the court is generally without power to grant that relief. This was an issue in the case Logreira v. Logreira, 3D21-0919 (Fla. 3d DCA June 2, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
How do I enforce a child custody order from another state in Florida? This is a question many parents may have when moving to Florida or when their child moves to Florida. Certain steps must be followed to ensure that Florida recognizes the order and has the authority to enforce it. This was an issue in the case Bender v. Bender, 2D20-3614 (Fla. 2d DCA June 11, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Supervised time-sharing can be ordered in a Florida parenting plan when it is in the best interest of a child. A recent Florida Supreme Court case, C.N. v. I.G.C., No. SC20-505 (Fla. Apr. 29, 2021), makes it clear that when supervised visits are ordered, a court does not have to specify steps the parent must take to regain unsupervised visits. This is illustrated in the case Piccinni v. Waxer, 5D20-528 (Fla. 5th DCA May 14, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When parents cannot agree on a school in which to enroll their child, how does the court decide what is in the best interest of the child? The school boundary determination or designation is usually included in a Florida parenting plan. This is a statement of which parent’s address will be used to register the child for school. But if this is missing, or the parents ultimately do not agree before a parenting plan is entered, the court considers the best interest of the child. This was an issue in the case Velez v. Lafontaine, 5D20-2350 (Fla. 5th DCA April 30, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
The standard for modification of a Florida parenting plan is a substantial, material change in circumstances that was not contemplated at the time of entry of the parenting plan. The court must find that a modification is in the best interest of the child. Does this change have to be permanent to qualify for the modification standard? This was explored in the case P.D.V-G. v. B.A.V.-G., 2D20-1178 (Fla. 2d DCA May 7, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
If a parent refuses to follow a parenting plan, can a court change custody as part of holding that parent in contempt? The answer depends on if certain procedural requirements have been met. This was an issue in the case J.G.J. v. J.H., 2D20-127 (Fla. 2d DCA April 30, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A substantial, unanticipated change in circumstances must be found before a court can modify a Florida parenting plan. A court has less discretion in modifying a parenting plan than it does in initially creating one. This was an issue in the case Idelson v. Carmer, 2D20-1221 (Fla. 2d DCA April 30, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A final order in a Florida family law case usually remains in effect until one or both parties challenges the order and a new order is entered. The order can be challenged by appeal, a petition for modification or other procedural avenues available by law. In the case Duryea v. Bono, 2D19-225 (Fla. 2d DCA April 21, 2021), the court considered the appeal of a mother whose request for relocation was denied after it was already previously granted by court order.
Posted by Nydia Streets of Streets Law in Florida Child Child Custody
What constitutes a substantial change in circumstances that warrants modification of a Florida parenting plan? It may be easier to say what does not constitute a substantial change. Florida law places a high burden on a parent seeking to modify a parenting plan - a court has much less discretion in modifying a parenting plan than it does in initially creating it. In the case Villalba v. Villalba, 4D20-1474 (Fla. 4th DCA April 28, 2021), the court considered the issue of a parent’s improved living conditions as a basis to modify time-sharing.
Posted by Nydia Streets of Streets Law in Florida Child Custody
In most cases, a parent may not relocate more than 50 miles from his or her current residence with the parties’ minor child without the written permission of the other parent or a court order. How does this provision affect active duty military service members who may have to relocate frequently due to military orders? This was an issue in the case Amiot v. Olmstead, 1D20-680 (Fla. 1st DCA May 11, 2021) in which the primary focus was on the trial court’s award of prospective time-sharing to the mother, an active duty servicemember, if she moved back to Florida.
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).
