Articles Posted in Custody/Time-Sharing

When faced with custody disputes, the Florida courts will typically take great care in drafting a parenting plan that is in the best interest of the children involved. As such, a party that wishes to modify a parenting plan must show that a change has occurred since the plan was issued that is both lasting and substantial, must set forth their requested relief, and must show that the change warrants the relief sought. As discussed in a recent Florida ruling, if a court grants relief that is not requested, the court’s ruling may be reversed. If you need help with a disagreement over custody, it is smart to talk to a Miami child custody attorney about what steps you can take to protect your rights.

Facts of the Case

It is reported that the mother and the father were not married but shared a minor child who was born in 2010. In 2012, the trial court established a parenting plan that dictated shared parental responsibility and a 70/30 timesharing schedule, primarily in favor of the mother. The plan required phone contact between the child and the noncustodial parent on specified days. In 2019, the father was arrested for healthcare fraud, prompting an emergency order awarding the mother sole custody.

Allegedly, the father was convicted in 2020. While serving a federal prison sentence, he filed a petition to enforce the phone call schedule and filed a supplemental petition focusing on child support. Following a hearing, the trial court expanded the father’s visitation rights, ordering four prison visits a year and a modified phone call schedule. The mother appealed. Continue reading ›

When a married couple with minor children decides to divorce, they will typically have to determine their parental rights. Making custody determinations can be a lengthy process for Florida courts, and in most instances, they will issue temporary custody orders prior to delivering final orders. As explained in a recent Florida opinion, the courts have ample leeway when making temporary custody orders, and it is rare for them to be overturned. If you need help with a custody dispute, it is in your best interest to talk to a Miami child custody lawyer at your earliest convenience.

Factual History and Procedural Setting

it is reported that following a three-day evidentiary hearing, the trial court issued a temporary order that mandated that her eldest child was to continue attending military school. The order also specified that the father would maintain 100% timesharing of the three minor children, with the mother having no contact with them until the final trial.  The mother appealed.

Temporary Child Custody Determinations

On appeal, the mother argued that the trial court violated her right to due process and abused its discretion when making the temporary custody determinations. The court rejected this argument and affirmed the trial court ruling. Continue reading ›

In Florida child custody cases, the courts will always rule in the best interest of the child. In some instances, this means that they will grant temporary custody to an extended family member rather than either of the biological parents. The courts can only do so if certain requirements are met, though, as demonstrated in a recent ruling issued by a Florida court. If you need assistance protecting your parental rights, it is prudent to confer with a Miami child custody attorney about your options.

Procedural and Factual Background

It is reported that the mother of a minor child sought to challenge a trial court order that granted immediate exclusive custody and care of the minor child to the child’s maternal grandmother. This case revolved around the issue of whether the grandmother qualified for temporary custody under Chapter 751 of the Florida Statutes in 2022. Chapter 751 permits extended family members to pursue temporary custody of minors under specific circumstances. Specifically, it allows proceedings to be initiated either by any extended family member, if they have the signed and notarized consent of the child’s legal parents. It also allows any member of the extended family to initiate proceedings if they care for the child full time, taking on the role of the substitute parent and with whom the child is presently living.

Under Florida law, people who marry someone with a child will often embrace the role of being that child’s step-parent. Unless they formally adopt the child, though, they will not have any parental rights in the event of a divorce, as demonstrated in a recent Florida ruling. If you have questions about how you can protect your parental rights in a custody dispute, it is prudent to confer with a Miami child custody lawyer as soon as possible.

Factual and Procedural Background:

It is reported that the wife challenged a final judgment of dissolution of marriage that granted equal timesharing and shared parental responsibility of her minor child to the husband. The situation was complicated by the fact that the husband was not the biological or adoptive parent of the child, and there had been no finding of parental unfitness or harm to the child. The background of the case revealed that the wife initially identified her then-partner as the father of the minor child on the birth certificate. Later, the wife and the husband married, and during their marriage, she obtained a judgment disestablishing the putative father’s paternity of the minor child. However, the husband neither adopted the minor child nor sought to establish paternity.

Allegedly, in 2021, the husband filed a petition to dissolve the marriage and asserted that there were three minor children born to the parties, including the minor child. He sought equal timesharing and shared parental responsibility. The husband identified himself as the “father” of the minor child in an affidavit and mentioned that paternity had been disestablished in 2018. The trial court conducted a hearing and ultimately rendered a judgment granting equal timesharing and shared parental responsibility. The wife appealed this decision. Continue reading ›

In divorce actions involving minor children, the courts will typically determine parental responsibility and time-sharing rights. Regardless of whether a parent agrees with the custody determinations made by a court, they must abide by them; otherwise, they may be sanctioned. This was demonstrated in a recent Florida case in which the court granted the father compensatory time-sharing days due to the mother’s refusal to comply with the custody order. If you have questions about your options with regard to protecting your parental rights, it is recommended that you consult a Miami child custody lawyer as soon as possible.

Procedural Background of the Case

It is reported that the mother and father had two minor children before divorcing. The final judgment of dissolution included a parenting plan. The father filed a contempt motion against the mother, alleging that she had denied him timesharing with their younger child on multiple occasions. In his motion, the father requested compensatory timesharing for the missed days. After an evidentiary hearing, the court granted the father’s request and awarded him compensatory timesharing for thirteen overnights that were denied to him. The mother appealed, arguing that the court violated her right to due process by providing relief beyond what the father sought in his motion.

Sanctions for Violating a Parenting Plan

On appeal, the court rejected the mother’s reasoning. In doing so, the court explained that if a court grants a remedy that a party did not request, it constitutes a violation of due process. As such, the trial court would have violated the mother’s due process rights if it granted the father greater compensatory timesharing than he sought. Contrary to the mother’s assertions, however, the court found that the trial court did not do so. Continue reading ›

When issuing custody orders, the Florida courts’ paramount concern is what is in the best interest of the child. Circumstances can change, however, and an order that was once appropriate may no longer serve a child’s interests. While the courts can modify child custody orders, absent an emergency, they cannot do so without providing notice to both parents, as discussed in a recent ruling issued in a Florida custody case. If you want to know what measures you can take to protect your parental rights, you should speak to a Miami child custody lawyer as soon as possible.

History of the Case

It is reported that the mother had a child in 2013. The father’s paternity was subsequently established via a paternity suit. The court issued a parenting plan specifying that the child would primarily live with her mother but would also spend significant time with her father. The court ordered the father to pay child support as well. In 2021, the mother requested the appointment of a parenting coordinator to help resolve disagreements between the parents regarding the child. The father agreed to the appointment. If the coordinator couldn’t resolve the issues, they had the authority to ask the court for a status hearing.

Allegedly, during one of these status conferences, the parenting coordinator requested direction from the court regarding the father’s ability to speak to the child over the telephone. The court then issued an order that placed the child in the temporary custody of the father, prohibited the mother from contacting the child, and modified the timesharing rights and communication requirements established in the final judgment of paternity. The mother was not provided prior notice of these changes. As such, she argued that the court violated her due process rights. She moved for reconsideration, but her motion was denied without a hearing. She then appealed. Continue reading ›

In Florida, the courts may terminate parental rights if they believe a child faces a risk of harm if they remain in the parent’s custody. In some instances, however, the courts may find cause to terminate a parent’s rights even if a child is a newborn, as demonstrated recently in a Florida opinion. If you are at risk of losing your parental rights, it is smart to talk to a Miami child custody lawyer about your options.

History of the Case

It is reported that the mother and the father, who already had two older children, had a third child. However, both older children were placed in out-of-home care due to an ongoing dependency case. The parents had a significant history with the relevant department concerning the well-being of their children. Specifically, the oldest child, when she was six months old, was removed from the parents’ care due to injuries, including a spiral arm fracture, bruising, and soft tissue damage. The parents denied causing these injuries, offering an explanation that medical professionals found implausible. As a result, the oldest child was deemed dependent. The parents’ second child was sheltered shortly after birth, and the parents agreed to the second child’s dependency status.

Allegedly, since being placed in out-of-home care, both older children have remained separated from their parents, as the parents have not fulfilled the necessary conditions for reunification. They are only allowed supervised visitation with their children. The dependency cases for the older children are still ongoing. When the third child was born, the department removed the child from the parents’ care and initiated proceedings to place the child in out-of-home care as well. However, the trial court denied the shelter petition for the third child, stating that although the parents had a history of involvement with the department, there was no imminent harm identified for the third child. The department appealed. Continue reading ›