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,…
Articles Posted in Modification (Custody/Time Sharing)
Florida Court Discusses Grounds for Modification of Custody Rights
In Florida, the best interest of the child standard dictates how custody cases are handled. In other words, regardless of whether the courts issue a parenting plan or the parties independently come to an agreement that the court then affirms, the plan must promote the child’s health and well-being. As…
Florida Court Discusses Modifications of Parenting Plans
The Florida courts typically take great care when developing parenting plans to ensure that any division of custody or timesharing rights is in the best interest of the subject children. As such, if a party wants to alter a parenting plan ordered by a court, they generally must demonstrate that…
Court Explains the Best Interest Standard in Florida Child Custody Cases
In Florida child custody matters, the court’s paramount concern is always what is in the best interest of the child that is the focus of the case. Thus, any time a party proposes a modification of a parenting plan, the courts must assess whether the change sought will benefit the…
Florida’s Supreme Court Clarifies the Rules for Modifications of Timesharing and Returning to the Pre-Modification Status Quo
There are lots of nuances about the law that skilled South Florida parental responsibility lawyers know keenly well but that laypeople aren’t familiar with. This can include very recent – and very important – changes in the law. A knowledgeable family law attorney can provide your case with the benefit…
When the Court in Your Florida Timesharing Case Can — and Can’t — Grant Relief that Neither Party Asked For
If you’ve read about enough court cases, you’ve probably encountered tales of people who made some regrettable choices. Perhaps it was the criminal defendant who appealed his sentence only to have the appellate process end with him getting an even longer sentence. This may give you pause if you’re considering…
How the Outcome of Your Florida Family Law Case May Differ Based What Location You Litigate In
You probably already knew that the outcome of your family law case can be affected by the state in which the case is litigated, as another state’s laws may be different from those of Florida. But you may not have known that the outcome of your case can differ based…
Can a Judge Require a Parent to Wear a Mask in Order to Exercise Timesharing Under a Florida Parenting Plan? (Hint: Potentially Yes.)
For better or worse – and it’s often “worse” – COVID-19 has impacted nearly every part of our lives. The pandemic has damaged many marriages and created an uptick in the number of spouses seeking divorce in Florida. The virus’s impacts can also be felt when it comes to timesharing…
When Your Ex-Spouse Is (and Is Not) Entitled to a Court-Ordered Modification of Timesharing Based Upon Her Move Out of or Into Florida
Certainly, the best way to deal with issues like unexpected problems with timesharing schedules is often for the parents to work together collaboratively to find a solution that best meets their children’s needs. That, however, may not always be possible. So, you may wonder, what happens if I have agreed…
Sandy T. Fox, P.A. Helps a Florida Mom Protect Her Constitutional Rights… and Her Timesharing with Her Kids
Having a judge rule against you after a timesharing modification hearing in which you weren’t given a fair chance to argue your side can make you feel upset, frustrated and maybe hopeless. When that happens, don’t just give up, but don’t simply dash off to file an appeal on your…