Following time-sharing schedules can sometimes be complicated, especially when timesharing involves a child who is old enough to have a desire to assert her own self-control over where she lives. Even when faced with a child who does not want to return to the home of your ex-spouse, it is…
The implementation of a parenting plan hopefully represents the culmination of a collaborative process to create an outcome in the best interests of the children involved. Sometimes, though, circumstances change, and those changes may trigger the need for a modification of the plan. When they do, the Florida Statutes have…
A recent child custody battle represents the potential hurdles that can sometimes arise when trial courts attempt creative compromises. The 4th District Court of Appeal recently issued a ruling throwing out a trial court’s modified timesharing plan because the plan was something neither parent had proposed and neither side had any…
Crafting parenting and time-sharing plans are challenging enough under ordinary circumstances. When the child whose custody must be resolved also has special needs, the decisions become even more difficult. However, when these cases go to court, the law imposes the same analysis as all other parenting plan and time-sharing matters.…
A father’s desired move with his two sons from Florida to New Jersey fell flat because, although he persuaded a trial court judge to OK the relocation, the trial court order failed to make findings that the move benefited the children. The 5th District Court of Appeal reversed the ruling,…
An ex-husband successfully secured primary physical custody of the four children he shared with his ex-wife, but failed to persuade a trial court to order his ex-wife to pay child support on all four children. That’s because a governmental agency already paid a monthly stipend for the fourth child and,…
A recent case, involving a Pennsylvania man and his biological child living in Florida, demonstrated the significant differences that sometimes exist between science and the law. A Florida appeals court both denied the biological father’s effort to litigate his custody dispute in his home state, and foreclosed his efforts to…
Miami Heat superstar Dwyane Wade’s lengthy custody battle returned to a Chicago courtroom recently after his ex-wife, Siohvaughn Funches-Wade, allegedly refused to return the couple’s two sons over Father’s Day weekend. When Funches-Wade reportedly declined to turn the children over to Wade’s sister for transport back to Miami, she was…
This week, Florida’s Third District Court of Appeal declined to disqualify Miami-Dade Circuit Judge Maria Espinosa Dennis from a child custody case between two prominent area lawyers. After the two attorneys divorced in 2005, the former couple agreed to share custody of their two small children equally. Since that time,…
A Miami-Dade judge has refused to recuse herself in a heated Florida custody dispute between two prominent attorneys, despite her alleged ties to the law firm representing the former wife. The spouses divorced in 2005 after seven years of marriage. At the time of their divorce, the couple reportedly agreed…