Miami family law attorney blog
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Child Custody
Posted by Nydia Streets of Streets Law in Florida Child Custody
Child custody issues in Florida same-sex marriage cases face undeveloped law sometimes. This means, the court is left to sort out how to apply statutes to situations that likely were not considered when the statutes were originally drafted. A recent case sheds light on how child custody arrangements involving a same-sex marriage are evaluated when relocation is sought.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Parents who cannot get along usually find themselves in court repeatedly after a final judgment is entered in a Florida child custody case. As always, the court must sort through the parties’ disagreements to arrive at decisions which are in the best interest of the children involved. Sometimes this involves referring the children to therapeutic services. This was an issue in the case Logreira v. Logreira, 3D21-0915 (Fla. 3d DCA September 21, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
If a party refuses to appear at a hearing in a Florida family law case, can their consent to have matters heard by the court in their absence by implied? Due process is an important and required part of any family law case, and if a party is not on notice about what will be decided at a hearing, that party may have a claim for violation of due process. This was an issue in the case Athienitis v. Makris, 2D21-2376 (Fla. 2d DCA September 16, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
How are travel costs taken into account when parents do not live in the same state, or even the same country, in a Florida child custody case? Travel costs to effectuate time-sharing are part of child support considerations and the court must apportion the same appropriately. Exorbitant travel costs were an issue in the case Hiatt v. Mathieu, 4D22-1198 (Fla. 4th DCA August 24, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Modifying a Florida parenting plan requires the showing of a substantial, material, and unanticipated change of circumstances, according to the Florida Statutes. If a party appeals a trial court’s decision to modify a parenting plan, an appellate court will analyze whether competent, substantial evidence supports the trial court’s decision. This was an issue in the case Miedes v. Ideses, 3D21-1112 (Fla. 3d DCA August 24, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Termination of a parent’s rights in Florida requires a three-prong test: “A petitioning party must first prove at least one of the enumerated statutory grounds for termination of parental rights by clear and convincing evidence. N.B. v. Dep’t of Child. & Fams., 289 So. 3d 29, 32 (Fla. 3d DCA 2019). The trial court must then consider whether termination is in the best interests of the child. Finally, because the fundamental right of parents to procreate and make decisions regarding the care, custody, and control of their children is recognized by both the Florida Constitution and the United States Constitution, and the right ‘does not evaporate simply because they have not been model parents,’ [. . .], a petitioning party must further prove that termination is ‘the least restrictive means of protecting the child from serious harm.’” This is explored in the case M.M.W. v. J.W., 3D21-2419 (Fla. 3d DCA August 3, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Changing a Florida child custody order requires that a party file a petition for modification to put the other parent on notice of his or her intentions. What if a party requests modification and the other party responds with his or her version of a modified time-sharing schedule? Is this enough to put the petitioning party on notice that the other parent wants a modification as well? This was an issue in the case Roberts v. Diaz, 3D21-1912 (Fla. 3d DCA July 20, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When parents cannot agree on home schooling, what do they do in Florida? If they have a Florida child custody case that is pending or was once pending, they may be able to have the court resolve the dispute. This was an issue in the case Hassenplug v. Hassenplug, 2D21-2729 (Fla. 2d DCA June 29, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When is supervised visitation appropriate in a Florida child custody case? Since supervision is a restriction that greatly affects a parent’s access to a child, it may be viewed with a certain level of scrutiny. This was an issue in the case E.M. v. E.G., 2D21-1450 (Fla. 2d DCA July 6, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What are the requirements of a Florida parenting plan? According to the Florida Statutes, a parenting plan approved by the court at a minimum, must:
1. Describe in adequate detail how the parents will share and be responsible for the daily tasks associated with the upbringing of the child;
2. Include the time-sharing schedule arrangements that specify the time that the minor child will spend with each parent;
3. Designate who will be responsible for: a. Any and all forms of health care. If the court orders shared parental responsibility over health care decisions, the parenting plan must provide that either parent may consent to mental health treatment for the child. b. School-related matters, including the address to be used for school-boundary determination and registration. c. Other activities; and
4. Describe in adequate detail the methods and technologies that the parents will use to communicate with the child.
This was an issue in the case Hernandez v. Mendoza, 4D21-1866 (Fla. 4th DCA June 22, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a party appeals a Florida family court ruling, is the family court allowed to rule on pending issues? It depends on what was appealed and if there are any orders from the appellate court directing the lower court on what to rule on. This was an issue in the case Webking v. Webking, 1D21-3496 (Fla. 1st DCA June 17, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a parent’s time-sharing be suspended without notice? Usually, no. Due process requires that all parties have notice of what will happen in their case so that they are prepared to defend against allegations made. The law generally considers “surprise” actions to be unfair in the course of litigation. Notice was an issue in the case Oddo v. Oddo, 5D22-0142 (Fla. 5th DCA June 3, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is a writ of certiorari in a Florida child custody case? This is a way to appeal a decision of a trial court that is alleged to cause irreparable harm. In many cases, it may not be possible to appeal a temporary order entered in a case. However, this writ allows for appeal of some temporary orders. This was an issue in the case Payne v. Koch, 5D21-2427 (Fla. 5th DCA April 14, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
In order to modify a Florida parenting plan, a parent must show there has been a substantial change in circumstances that was not contemplated at the time of entering the parenting plan. Additionally, the other parent must have notice and an opportunity to be heard by the court before a parenting plan can be modified. This was an issue in the case Ceballos v. Barreto, 4D22-104 (Fla. 4th DCA April 13, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Does a father of a child born outside of wedlock have custody rights? When an unwed father signs an acknowledgement of paternity to be named as the father on a birth certificate, it creates a presumption that he is the legal father of the child in Florida. If neither parent rescinds the acknowledgement or files a judicial action relating to the child within sixty days, the voluntary acknowledgement establishes paternity subject to exceptions. Fla. Stat. § 742.10(4). Does this paternity status give a father a right to obtain custody of a child via a pick-up order? This was an issue in the case Nelson v. Mirra, 5D21-2469 (Fla. 5th DCA March 21, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
“What happens if I don’t show up to trial in my Florida family law case?” is a question asked in some cases. The consequences of failing to participate in your own trial may be irreversible and detrimental to you. Not showing up means the judge will not hear your full side of the story. This was an issue in the case Pimienta v. Rosenfeld, 3D20-606 (Fla. 3d DCA May 4, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Relief not requested in pleadings in a Florida family law case generally cannot be granted by the court. This is because due process requires that each party be given fair and reasonable notice of what he or she must defend against in the proceeding. This was an issue in the case Hernandez v. Hernandez, 4D20-2145 (Fla. 4th DCA March 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a child sees a therapist or other mental health professional, can a parent request the records of the therapy sessions? The patient-therapist privilege, in the case of a minor, belongs to the minor’s parent or guardian. However, a court can hold that a parent is barred from waiving the privilege. This was an issue in the case Bentrim v. Bentrim, 4D21-1303 (Fla. 4th DCA March 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A Florida parenting plan generally cannot contain clauses that automatically change time-sharing in the future. This is called a prospective-based best interest analysis and is disfavored. This is because it is difficult to know what the best interest of a child will be in the future, and this should be examined in real time. This was an issue in the case T.A. v. A.S., 2D21-1236 (Fla. 2d DCA March 4, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A parent’s abuse of alcohol and/or drugs can be taken into account in a Florida child custody case. If a court awards time-sharing to one parent over the other based on the other parent’s substance abuse issues, can the other parent petition to modify time-sharing if he or she achieves sobriety? This was an issue in the case Daniello v. Settle, 4D20-2732 (Fla. 4th DCA March 2, 2022).
