While most parents want what is best for their child, they do not always agree with their co-parent as to what is in their child’s best interests, and custody disputes can quickly become contentious. When the courts are asked to resolve custody actions, they are expected to do so based…
In Florida, parental relocation disputes require courts to evaluate whether a proposed move aligns with the child’s best interests, as outlined in state statutes. The burden of proving a relocation would benefit a child is placed on the party requesting the move. As discussed in a recent Florida ruling issued…
Under Florida law, courts making timesharing decisions must base their determinations on the child’s best interests, supported by substantial evidence. When a court’s decision relies on speculative or unsupported assumptions, it risks reversal. A recent Florida decision illustrates the need for competent evidence when ordering significant changes to a child’s…
Under Florida law, child custody cases involving multiple states are governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which aims to prevent jurisdictional conflicts and ensure due process. Recently, a Florida court issued an opinion highlighting the importance of procedural fairness when a trial court relinquishes jurisdiction…
In Florida, the court’s main focus in custody proceedings is what is in the child’s best interest. In some instances, acting in the best interest of a child requires a court to issue temporary orders in response to exigent circumstances. The courts cannot lawfully do so without certain findings, though,…
Generally, in Florida custody cases in which both parents have parental rights, the courts will preclude either party from independently relocating a child without their co-parent’s permission or leave of court. As such, if a party does so, a court may order them to return the child in question to…
Florida family law courts handling cases involving minor children aim to rule in the children’s best interest. Unfortunately, in some instances, doing so requires the courts to declare a child dependent due to the parent’s inability to provide them with proper care. The Department of Children and Families must produce…
When determining parental rights in Florida custody cases, the court’s sole focus is what is in the child’s best interest. The Florida courts recognize, though, that circumstances can change, and if they do, it may also alter what is considered to be in a child’s best interest. In a recent…
Florida courts handling child custody disputes are driven by what is in the best interest of the child. Absent an emergency situation, though, parents in child custody cases have the right to due process, which means, among other things, they should be provided notice of any hearings impacting their rights.…
In any child custody dispute, the Florida courts’ main priority is what is in the best interest of the child that is the subject of the action. Therefore, in some cases, they will issue emergency ex parte orders if they deem it necessary to protect the child. Such orders are…