Posted by Nydia Streets of Streets Law in Florida Child Custody
A petition for temporary custody by an extended relative can be filed in Florida by (a) A relative of a minor child within the third degree by blood or marriage to the parent; (b) The stepparent of a minor child if the stepparent is currently married to the parent of the child and is not a party in a pending dissolution, separate maintenance, domestic violence, or other civil or criminal proceeding in any court of competent jurisdiction involving one or both of the child’s parents as an adverse party; or (c) An individual who qualifies as “fictive kin”, defined by the Florida Statutes as “a person unrelated by birth, marriage, or adoption who has an emotionally significant relationship, which possesses the characteristics of a family relationship, to a child.” A temporary custody order was at issue in the case E.L. v. A.L., 2D22-825 (Fla. 2d DCA March 3, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a parent be held in contempt of a Florida child custody order if there are conflicting orders concerning the exchange of the child? In order to be held in a contempt, the terms of the order at issue must be clear and concise in stating what a party can or cannot do. An unclear or contradicting order may be insufficient to hold a party in contempt. This was an issue in the case Varner v. Varner, 5D23-107 (Fla. 5th DCA February 17, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Modifications to a parent’s time-sharing in Florida generally cannot be done without notice to the parent. This means a motion and an opportunity to be heard. Sometimes courts schedule case management conferences which are hearings at which the court determines the status of the case, and the next steps. These are not usually noticed as evidentiary hearings, so when substantive action is taken in a case at these types of hearings, there are due process concerns. This was an issue in the case Nomura v. Hata, 3D22-1731 (Fla. 3d DCA January 18, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Generally, a Florida parenting plan cannot have provisions which provide for automatic modification of a parenting plan in the future. This is because the court cannot assess the future best interest of the child. However, the recent case N.B. v. R.V. 2D22-195 (Fla. 2d DCA January 18, 2023) discusses an exception to this rule.
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is a social investigation in a Florida child custody case? According to the Florida Statutes, “In any action where the parenting plan is at issue because the parents are unable to agree, the court may order a social investigation and study concerning all pertinent details relating to the child and each parent when such an investigation has not been done and the study therefrom provided to the court by the parties or when the court determines that the investigation and study that have been done are insufficient. [. . .] A social investigation and study, when ordered by the court, shall be conducted by qualified staff of the court; a child-placing agency licensed pursuant to s. 409.175; a psychologist licensed pursuant to chapter 490; or a clinical social worker, marriage and family therapist, or mental health counselor licensed pursuant to chapter 491.” See Fla. Stat. Chp. 61.20.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can I move with my children to a different county or state? This is a frequently asked question when parents separate in Florida. The answer depends on whether the parents are married, and whether court proceedings for custody or in progress or have already taken place. Relocation of children is governed by Florida Statute 61.13001.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can the court require a parent to undergo a psychological evaluation in a Florida child custody case? Yes, if certain requirements are met. The parent’s mental condition must be in controversy and there must be good cause for the examination. A parent appealed the court’s order requiring him to undergo a psychological evaluation in the case Childs v. Cruz-Childs, 2D22-787 (Fla. 2d DCA December 28, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When filing a petition for modification of a Florida parenting plan, a parent has to be careful to include all desired relief in his or her petition. This is because the court cannot grant relief that is not requested in the petition, as doing so would violate the due process rights of the other parent. This was an issue in the case Picard v. Picard, 2D21-3500 (Fla. 2d DCA December 21, 2022).
Posted by Nydia Streets of Streets Law in Florida child custody
When a parent undermines the other parent’s attempts to meaningfully co-parent or make important decisions about a child’s welfare, a motion for contempt or enforcement may be appropriate. However, a petition for modification of a parenting plan may also be proper. This was an issue in the case Matheson v. Matheson, 2D21-1780 (Fla. 2d DCA December 7, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
If a parent moves to another state after a Florida court makes a child custody determination, can jurisdiction over the case be transferred to the other state? The answer depends on many factors, but it is possible for another state to take jurisdiction over the case. This was an issue in Beehler v. Beehler, 1D19-1788 (Fla. 1st DCA December 2, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent seeks to modify a Florida parenting plan, the court must consider the factors listed in Florida Statute 61.13 to determine if modification is in the best interest of a child. The court has less discretion in modifying a parenting plan than it does in creating one. Modification of timesharing was an issue in the case Allyn v. Allyn, 2D21-2368 (Fla. 2d DCA November 30, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A parent who is personally served with a petition for child custody in Florida and fails to respond to the petition on time may have a default judgment entered against him or her. This means the court will enter a judgment in the parent’s absence. This judgment may not be favorable to the absent parent. This was an issue in the case Salazar v. Dominguez, 2D22-684 (Fla. 2d DCA November 16, 2022) in which the mother went from having majority time-sharing with her child to being ordered to have time-sharing every other weekend and holidays after the father’s petition for modification of time-sharing was granted based on a default judgment entered against the mother.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Is it easy to suspend a parent’s time-sharing in a Florida child custody case? If a parenting plan has been established and one parent alleges a threat to the safety or welfare of the children that requires suspension of time-sharing, it is possible for this to occur. The parent whose time-sharing is affected must be afforded due process. This means a fair process with notice to the parent that his or her time-sharing will be suspended.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Before a court can change a Florida parenting plan, both parties must be on notice of what to expect before a hearing is held. This notice is usually given by way of a motion filed by a party. In the motion, the party states allegations made against the other party and requests the relief desired. If a court grants relief not requested by a party, the order may be subject to appeal. This was an issue in the case Bowers v. Smith, 5D22-730 (Fla. 5th DCA November 7, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When there is a child custody dispute and one parent lives in Florida and the other lives out-of-state, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is usually applicable. A parent who initiates child custody litigation in Florida may face a challenge from the out-of-state parent on certain grounds stated in the UCCJEA. This was an issue in the case Sosa v. Pena, 3D22-71 (Fla. 3d DCA October 26, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A guardian ad litem in a Florida child custody case can hire an attorney to collect fees due for services. The party who owes the money to the guardian ad litem could be liable for the guardian’s attorney’s fees. The award of fees must be supported by certain findings. This was an issue in the case Tripodi v. Nacer, 3D21-2234 (Fla. 3d DCA October 19, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent wrongfully withholds court-ordered time-sharing from the other parent, the Florida statutes authorize a family court to award make-up time-sharing to the parent who was denied visits. Is a court required to award make-up time-sharing in an amount equal to the time missed? This was an issue in the case Spann v. Payne, 1D21-2323 (Fla. 1st DCA September 21, 2022).
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).
