Posted by Nydia Streets of Streets Law in Florida Child Custody and Florida Child Support
Once a Florida parenting plan has been entered, generally, a parent cannot move more than 50 miles from his or her current residence without a court order or the written permission of the other parent. This rule is likely in place to avoid the disruption to a time-sharing schedule that is sure to occur if a parent moves too far away. However, even moving within this mileage limit can disrupt the time-sharing schedule, and this may form a basis for modification of a parenting plan. This was an issue in the case Seith v. Seith, 4D21-556 (Fla. 4th DCA March 2, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is an order of referral to a general magistrate in a Florida family law case? This is an order issued by the judge in the case which refers a motion or petition to a general magistrate for a hearing. A general magistrate is what is known as a hearing officer - he or she is not a judge, but presides over a hearing, reviews evidence and testimony, and makes a recommendation to the judge about how to rule on the motion or petition. The judge then ratifies the recommendation if there are no timely objections from either party. An order entered based on a general magistrate’s recommendation was the subject of an appeal in the case Toledano v. Garcia, 3D21-85 (Fla. 3d DCA February 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is a pick-up order in a Florida child custody case? This type of order is usually entered after a parent shows that the other parent or another person wrongfully has physical custody of a child. The order allows law enforcement authorities to pick-up the child and deliver the child to the parent who was granted the pick-up order. This was an issue in the case Hodge v. Babcock, 3D22-0167 (Fla. 3d DCA February 16, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Is mediation required in a Florida family law case? The answer depends on the procedures and rules set forth in the court in which your case is proceeding. In Miami-Dade County, for example, mediation is generally required in family law cases before a trial date can be set. This is most likely because the court wants to give the parties an opportunity to resolve the case on their own terms rather than having the court decide what happens. This was an issue in the case Kiger v. Kiger, 3D21-1150 (Fla. 3d DCA February 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a court dismisses a case, the court typically loses jurisdiction to make any further decisions in the case unless a party files an appropriate motion to invoke the court’s jurisdiction again. The motion may be subject to time limits, so if it is filed past a certain date, it may not be granted. This was an issue in the case Graham v. Graham, 5D21-1492 (Fla. 5th DCA February 4, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A Florida parenting plan can include many provisions, but there are some limits on what is allowable. One provision that is usually prohibited is a prospective change in time-sharing. For example, a parenting plan that says a time-sharing schedule will automatically change once a child turns a certain age may not be enforceable. This was an issue in the case Harrell v. Cook, 1D20-1379 (Fla. 1st DCA January 12, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent wants to move more than 50 miles from his or her residence and there is a court-ordered parenting plan in place, the parent must either have the written permission of the other parent to move or must obtain a court order approving the move. The factors a court must consider in determining if relocation should occur are contained in section 61.13001 of the Florida Statutes. This was an issue in the case Mignott v. Mignott, 3D20-1225 (Fla. 3d DCA December 22, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
In order for a Florida court to exercise jurisdiction over a child custody matter, the child at issue must have resided in Florida for at least six months prior to the date of filing a petition. Whether or not a child lived in Florida for the required period of time is a question of fact that is decided after an evidentiary hearing. Florida Statutes authorize an award of attorney’s fees for a parent who enforces a foreign custody order in Florida. These were issues in the case Alvarez v. Jimenez, 3D20-610 (Fla. 3d DCA December 1, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent is denied contact with his or her children, there are remedies that can be sought in court. A Florida child custody court retains jurisdiction to modify a parenting plan, including time-sharing, until the children turn 18. When a case gets “stuck” in the system, a parent may need to appeal to a higher court. This was an issue in the case Cisneros v. Guinand, 3D21-1910 (Fla. 3d DCA December 15, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A guardian ad litem can be appointed in a Florida child custody case in order to investigate claims made by the parties, interview the children, and make a recommendation to the court concerning a parenting plan. This was an issue in the case Velasquez v. Mendieta, 3D21-1168 (Fla. 3d DCA November 24, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Florida parenting plans apply to minor children. So when a child turns 18, a court usually has no further jurisdiction to determine when or if a parent sees a child, since the child is considered an adult. What about a child custody order that is part of a domestic violence injunction? This was an issue in the case Wall v. Kyramarios-Wall, 5D21-1504 (Fla. 5th DCA December 14, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
It is presumed in Florida child custody cases that shared parental responsibility is in the best interest of children. Shared parental responsibility refers to the right of both parents to make decisions affecting the welfare of their children. Both parents must agree on decisions affecting the welfare of the children. If a parent is granted sole parental responsibility, this means only one parent has the right to make decisions. This was an issue in the case De La Fe v. De La Fe, 2D20-2635 (Fla. 2d DCA December 8, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a court order a psychological evaluation of parents in a Florida child custody case? Yes, if certain conditions are met. The party requesting that a psychological evaluation take place has the burden of showing that the mental condition of a parent is in controversy and that good cause exists for the examination. This was an issue in the case Pearson v. Pearson, 3D21-1786 (Fla 3d DCA December 1, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent is deprived of contact with a child, a Florida family court may use this as a basis to award full custody to the parent who is deprived of time-sharing. According to the Florida Statutes: “It is the public policy of this state that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing.” Fla. Stat. 61.13(2)(c)(1). This was an issue in the case Reynolds v. Reynolds, 1D21-0951 (Fla. 1st DCA November 17, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is a guardian ad litem in a Florida child custody case? According to the Florida Statutes: “In an action for dissolution of marriage or for the creation, approval, or modification of a parenting plan, if the court finds it is in the best interest of the child, the court may appoint a guardian ad litem to act as next friend of the child, investigator or evaluator, not as attorney or advocate.” Fla. Stat. 61.401. In plain terms, a guardian ad litem is someone appointed by the court to investigate claims made by both sides and to recommend to the court a parenting plan. A guardian’s recommendation and due process were issues in the case Pescod v. Irvin, 2D21-188 (Fla. 2d DCA November 17, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Usually a parenting plan that has been ratified by a final judgment in Florida remains in place until a party files a petition for modification and successfully convinces a court that there has been a substantial change in circumstances which warrants modification. An order temporarily modifying a permanent parenting plan can be entered if there is a showing of emergency circumstances. This was an issue in the case Esse v. Pepe-Katalinas, 5D20-2599 (Fla. 5th DCA November 12, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent withholds time-sharing from another parent, this may form the basis for a court to modify a Florida parenting plan. In order for this to happen, the parent who has been denied time-sharing must request the modification, and the court must find that the modification is in the best interest of the child. Modification on this basis was an issue in the case Nicholas v. Grant, 2D20-3298 (Fla. 2d DCA October 20, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Under the Uniform Child Custody Jurisdiction and Enforcement Act (known as the UCCJEA), a Florida court follows certain guidelines to ensure that its orders do not conflict with actions taken by a court in another state in the same case. When parents allege two different states should take jurisdiction of a child custody case, a Florida court usually must analyze the allegations presented by both sides as to the residency of the child leading up to the filing of a petition for child custody. This was an issue in the case Miller v. Mitchell, 3D21-1621 (Fla. 3d DCA October 6, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
As part of a Florida domestic violence injunction, time-sharing or child custody can be affected. When a domestic violence court enters a permanent injunction that results in the abuser receiving supervised visits with a child, can a Florida family court modify that visitation? This was an issue in the case Lonsdale v. Elbanna, 2D20-2978 (Fla. 2d DCA October 1, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent relocates but their relocation request is denied, can a court create a future parenting plan for if that parent returns to the jurisdiction? These future parenting plans are known as prospective time-sharing, and they are generally disapproved of under Florida family law. This was an issue in the case Jennings v. Fredes, 1D20-3726 (Fla. 1st DCA September 22, 2021).
