Miami family law attorney blog
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Child Custody
Posted by Nydia Streets of Streets Law in Florida Child Custody
Although the Florida Statutes include a presumption that equal time-sharing is in the best interest of a child, this does not mean a court is automatically required to order equal time-sharing in every child custody case. The court must still make findings regarding the best interest of the child. This was an issue in the case Malek v. Malek, 3D24-1247 (Fla. 3d DCA June 25, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A final judgment establishing child custody in Florida must comport with Fla. Stat. 61.13 as it relates to consideration of the best interest of the child. When a transcript of a trial in these cases is not provided, and the case is appealed, the appellate court is limited to reviewing errors apparent on the face of the judgment, including a lack of required findings. This was an issue in the case Salazar v. Blanco, 3D24-1588 (Fla. 3d DCA June 4, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a temporary relocation be granted in a Florida child custody case without a hearing? Statutes require that certain language be included in a petition for relocation, part of which states “IF YOU FAIL TO TIMELY OBJECT TO THE RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND WITHOUT A HEARING.” See Fla. Stat. Chp. 61.13001. This was an issue in the case Lawler v. Lawler, 3D24-1428 (Fla. 3d DCA June 4, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
It is common in a Florida parenting plan, for the court to specify vacation dates during summer for each parent. For example, a parenting plan might state the parties will follow the regular time-sharing schedule except that each parent is entitled to take two weeks of vacation with the child each year. If not carefully worded, this provision can create confusion. This was an issue in the case Murnane v. Murnane, 5D2023-1128 (Fla. 5th DCA May 2, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When supervised visits are ordered in a Florida child custody case, how does the court determine who should pay these costs? That was an issue in the case Perez-Palma v. Rodriguez, 3D24-0251 (Fla. 3d DCA April 30, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
How does an award of temporary sole parental responsibility affect school designation? The school boundary designation in a parenting plan may conflict with an award of temporary sole parental responsibility, but the primary focus is the best interest of a child. This was an issue in the case Healy v. Healy, 4D2024-1087 (Fla. 4th DCA April 23, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a child is wrongfully removed from Florida or the United States, the Uniform Child Custody Jurisdiction and Enforcement Act, and/or the Hague Convention may be implicated. When there are competing orders in different jurisdictions, a party may seek an antisuit injunction which means they are asking the Florida court to prevent a foreign court from exercising jurisdiction in the case. This was an issue in the case Niemeyer v. Niemeyer, 3D24-1692 (Fla. 3d DCA April 23, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
The importance of having a court reporter at a Florida family law hearing was highlighted again in a recent appellate case: Shaw v. Shaw, 3D24-1393 (Fla. 3d DCA April 16, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) in a Florida child custody case? This is a set of rules contained in Chapter 61 of the Florida Statutes which provides the framework for a Florida court exercising jurisdiction over a child custody matter. Other states that have also adopted the UCCJEA agree to follow the same rules in enforcing child custody disputes that involve multiple states. These rules were an issue in the case Lindstrom v. Lindstrom, 3D23-2035 (Fla. 3d DCA April 2, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a court temporarily suspend a parent’s time-sharing without the other parent filing a petition for modification of time-sharing or the parenting plan? This was an issue in the case Mishkin v. Mishkin, 3D24-1516 (Fla. 3d DCA March 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When one parent’s time-sharing or contact with their children is suspended, a court may hold a hearing to determine if the suspension should be extended or cancelled. This was an issue in the case Sala v. Wood, 3D24-1851 (Fla. 3d DCA February 26, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
If a parent wants to modify a parenting plan to request sole parental authority, the other parent must be put on notice through proper pleadings. Absent notice and an opportunity to be heard, a parenting plan generally cannot be modified. This was an issue in the case Greenwood v. Greenwood, 3D24-1611 (Fla. 3d DCA February 19, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A Florida parenting plan must meet certain requirements specified in Florida Statute 61.13. For example, the parenting plan must contain a time-sharing schedule. This was an issue in the case Kiswani v. Hafza, 5D2023-2175 (Fla. 5th DCA February 14, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a child custody case has been filed in two different states concerning the same child, we look to the Uniform Child Custody Jurisdiction and Enforcement Act to guide us on how to proceed. Most times, the courts of each state are required to communicate with each other and include the parties in the communication. This was an issue in the case Justice v. Guerrero-Justice, 3D24-1248 (Fla. 3d DCA February 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is the effect of a default in a Florida child custody case? Despite a default, a court must find that parenting plan is in the best interest of a child. Rather than relying on a technicality such as a default, the court must still determine that, for example, a change in time-sharing is in the best interest of a child. This was an issue in the case Oria v. Velastegui, 3D24-1169 (Fla. 3d DCA December 18, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
The Hague Convention on the Civil Aspects of International Child Abduction (“Hague Convention”), and the International Child Abduction Remedies Act (“ICARA”) provide remedies for parents whose children have been wrongfully removed from their custody and taken to another country. There is presumption in favor of returning a child wrongfully removed, but those presumptions can be overcome by certain defenses and evidence. This was an issue in the case De La Cruz v. Garcia, 4D2024-0823 (Fla. 4th DCA December 4, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Issue about which court has the authority to rule in a child custody case when the parties have ties to more than one state are governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The aim of this Act is to reduce jurisdictional conflicts and promote the best interest of a child. Enforcement of this act was an issue in the case Dorvil v. Atwell, 3D24-0029 (Fla. 3d DCA December 4, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
The Convention on the Civil Aspects of International Child Abduction at the Hague (known as the “Hague Convention”), provides remedies for parents whose children have been wrongfully removed from a country. In order to initiate proceedings under this Convention, certain conditions must be met, including that the parent seeking return of a child has custody rights, and that those rights were actually being exercised at the time of the alleged abduction. The Hague Convention provides certain defenses that the other parent can assert. This was an issue in the case De La Melena v. Panez, 6D2023-3946 (Fla. 6th DCA November 22, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
In a Florida relocation case, a court must consider the factors listed in Fla. Stat. 61.13001 to determine if relocation is in the best interest of a child. Many times, relocation may be very beneficial for a parent, but the court is limited to considering what is best for the child rather than what is best for the parent. Relocation was an issue in the case Cruz v. Morales, 3D23-1560 (Fla. 3d DCA October 16, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A petition for temporary custody by an extended relative in Florida is subject to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA is a set of rules to be followed among states which have adopted the UCCJEA. The aim of the UCCJEA is to prevent competing or conflicting orders on child custody among different states. This was an issue in the case Burgos v. Vargas, et. al., 2D2024-0385 (Fla. 2d DCA October 16, 2024).
