Miami family law attorney blog
Viewing entries in
Child Custody
Posted by Nydia Streets of Streets Law in Florida Child Custody
If a parent is not following a Florida parenting plan, can the court change the plan? Under certain circumstances, a parenting plan can be amended when it is not being abided by. This was an issue in the case Bruno v. Moreno, 2D20-3172 (Fla. 2d DCA August 25, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
How do you preserve your right to appeal in a Florida family law case? In most cases, it is necessary to make the appropriate objections on the trial level and to file a motion for rehearing. Failure to do so may mean your appeal is denied. This was discussed in the case Spaulding v. Spaulding, 1D20-168 (Fla. 1st DCA August 23, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A petition for relocation in a Florida child custody case is governed by Florida Statute 61.13001. Under this statute, a parent who seeks to relocate in certain situations must obtain the written permission of the other parent or a court order. In the case Izaguirre v. Sanchez, 3D20-1245 (Fla. 3d DCA August 11, 2021), an appeal was taken regarding a non-final order granting relocation to Spain.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When the parents of a child who is subject to a Florida child custody case live in two different states, or even countries, jurisdiction may be challenged by one of the parties. While a court does not need personal jurisdiction over a parent to make an initial child custody determination, it does need it to adjudicate financial issues. The issue of personal jurisdiction was raised in the case Edwards v. Codrington, 5D20-1966 (Fla. 5th DCA July 30, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent is awarded ultimate decision-making authority over children in Florida, what does this mean? This generally means the parent is the sole authority on major decisions regarding the children such as what doctor they see, what school they attend, etc. That parent is required to consult with the other parent, but if the two parents agree, the parent with ultimate decision-making authority gets the final say. This was an issue in the case Louis v. Louis, 4D19-1195 (Fla. 4th DCA July 7, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Therapists and guardians ad litem can be appointed in Florida child custody cases to assist the court in determining what is in the best interest of a child. However, there is a fine line between taking recommendations from these professionals and allowing them to determine when or how time-sharing should occur, for example. This was an issue in the case Barrack v. Barrack, 4D21-536 (Fla. 4th DCA June 30, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
In order to modify a Florida parenting plan, a party must file a petition and not a motion. A petition is different from a motion because it requires that a process server deliver the petition to the opposing party and the opposing party has the opportunity to respond with an appropriate pleading. This was discussed in the case Patel v. Patel, 1D20-3231 (Fla. 1st DCA July 19, 2021).
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.
