Articles Posted in Custody/Time-Sharing

Published on: | by

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 such, to demonstrate a parenting plan should be modified a party will typically have to show a substantial change in circumstances. There are exceptions to the general rule, however, as explained in a recent Florida ruling issued in a custody action. If you want to learn more about what steps you can take to protect your parental rights, it is wise to confer with an assertive Miami custody attorney.

History of the Case

It is reported that the mother and father entered into a parenting plan outlining a series of timesharing schedules that would progressively increase the father’s time with the minor child over three years. The plan included a provision stating that by March 1, 2019, the parties would revisit the timesharing schedule, with the option to modify it without filing a supplemental petition for modification if they could not agree, in which case the matter would be submitted to the court.

Allegedly, the father subsequently petitioned for the modification. The mother moved for judgment on the pleadings, arguing that there was no change in circumstances that warranted a modification. The court agreed and ruled in favor of the mother. The father appealed. Continue reading ›

Published on: | by

In family law matters involving minor children, the Florida courts’ driving concern is what is in the children’s best interest. As such, in cases in which the parents’ ability to care for their children in a safe and healthy environment is called into question, a court may find it necessary to appoint a guardian ad litem. Which party is responsible for paying for such guardians depends on numerous factors, as discussed in a recent Florida opinion. If you have questions regarding how you can protect your parental rights, it is smart to meet with a Miami child custody attorney at your earliest convenience.

Case Setting

It is alleged that the mother and father, who have two minor children, divorced in Virginia in 2011. In 2020, the mother filed petitions for injunction for protection against domestic violence with children on behalf of the minor children. The trial court appointed a guardian ad litem for the children in the domestic violence cases and ordered the father to pay 100% of the Guardian’s fees. Following a hearing, the trial court denied the mother’s petitions but appointed the Guardian for further intervention.

Continue reading ›

Published on: | by

It is not uncommon for parents who share custody of a child to disagree over where the child should live or whether one parent should be able to move to another state with the child. In such instances, the parties will typically seek input from the courts to determine their parental rights. If a party relocates with a child without the court’s permission, they will likely face adverse consequences, as demonstrated in a recent Florida case. If you need help with a custody dispute, it is smart to consult a Miami child custody attorney to discuss your rights.

Case Background

It is alleged that the mother and the father were in a long-term relationship but never married. They resided together in Hawaii, where their daughter was born. However, in 2017, the mother relocated with their daughter to Key West without objection from the father. After settling in Key West, the parties agreed to a rotating custody arrangement for their daughter. In 2021, the father also moved to Key West and filed a petition to establish paternity, seeking timesharing and child support. The mother responded with a counterpetition, seeking similar remedies.

Reportedly, the court ratified a temporary order granting timesharing rights on an alternating weekly basis. Within two months, however, the father filed a petition to relocate with their daughter back to Hawaii. The mother objected, and the court scheduled the remaining issues in the case for trial, including the relocation petition. The father then relocated back to Hawaii before the court rendered a ruling on the relocation petition. The trial court then denied the petition for relocation while simultaneously adopting the father’s proposed parenting plan, granting him extended timesharing with their daughter during school recesses in Hawaii and additional timesharing in Key West. These conflicting decisions prompted the subsequent appeal. Continue reading ›

Published on: | by

Florida custody disputes can become contentious, and it is not uncommon for one parent to accuse the other of trying to alienate them from their child. In some instances, a parent may go so far as to accuse a co-parent of tortious interference with custodial rights. While Florida law allows for such actions, they can be challenging to prove, as demonstrated in a recent Florida custody case. If you are dealing with a custody disagreement, it is advisable to meet with a Miami child custody attorney promptly to determine your options.

History of the Case

It is reported that the father brought tort claims against the mother and the stepfather. Specifically, he alleged intentional interference with custodial rights as well as intentional infliction of emotional distress claims (IIED) against both the mother and the stepfather regarding their then-teenage daughter. The focus of the allegations against the stepfather involved his purported conspiracy with the mother in preventing the daughter’s return to Canada, where the father resided, against the daughter’s wishes to remain in Florida.

It is alleged that the stepfather’s involvement encompassed actions such as allowing the daughter to reside in his home, facilitating her enrollment in a Florida high school, and supporting her pursuit of emancipation from the father. The mother and stepfather moved for dismissal of the father’s claims via summary judgment. The trial court granted the motion, prompting the father to appeal. Continue reading ›

Published on: | by

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 ›

Published on: | by

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 ›

Published on: | by

In family law cases, the courts will order one party to pay the other’s legal fees in certain situations. In doing so, if the court finds that the party from whom fees are sought engaged in litigation conduct that is deemed egregious, vexatious, or meritless, the court may impose fees on that party to deter them from engaging in such behavior. Known as Rosen fees, they are typically reserved for cases involving the most egregious litigation behavior. The award of Rosen fees is at the discretion of the court, and the court will carefully evaluate the specific circumstances of each case before making such an award. It is important to note, however, that the Rosen case does not provide grounds for awarding such fees but sets forth the criteria for adjusting an award, as explained in a recent Florida ruling. If you are involved in a family law argument, it is smart to talk to a Miami family law lawyer about what steps you can take to protect your interests.

Case Setting

It is alleged that the mother and father engaged in a contentious paternity dispute. After the parties came to an agreement on paternity, the mother sought to establish a parenting plan and define parental responsibility and child support. The initial trial, conducted by the retiring judge, resulted in proposed findings that favored equal timesharing rights and shared parental responsibility, with details on exchanges and holidays. The parties couldn’t agree on a judgment, and the succeeding judge refused to enter one. A second trial was conducted, concluding with a final judgment granting the father majority timesharing and sole parental responsibility, which is the subject of a separate appeal.

It is reported that the father subsequently moved for fees under Rosen, alleging the mother’s conduct was hypocritical, lacked merit, and was against the child’s best interests. The court granted the request, citing the mother’s non-compliance with a speech therapy schedule and unsubstantiated concerns for the child’s safety. The court ordered the mother to pay $25,000 in fees, and she appealed. Continue reading ›

Published on: | by

In Florida, the courts may deem it necessary to terminate parental rights under specific circumstances outlined in the Florida Statutes. Termination of parental rights is a serious legal action and is considered when it is determined to be in the best interest of the child due to factors that jeopardize the child’s well-being and safety. While generally, the Divison of Children and Families brings actions to terminate parental rights, parents can file termination actions as well, as discussed in a recent Florida opinion. If you need help with a dispute over child custody, it is advisable to confer with a Miami child custody attorney promptly.

History of the Case

It is alleged that the child was born in 2011 to the mother and Father, Venezuelan citizens whose relationship ended before her birth. A Venezuelan court approved a custody arrangement, but in July 2012, the mother brought the child to Miami, prompting the Father to file a Hague Convention petition for the child’s return to Venezuela. The court granted the Father’s petition, and the child returned to Venezuela.

Reportedly,  after the Father’s relocation to the U.S., a second Hague Convention case was initiated by the mother, but the court denied her petition. In 2013, the Father filed a petition for termination of the mother’s parental rights. The court issued a final judgment terminating the mother’s parental rights based on statutory grounds, including abandonment, conduct threatening the child’s well-being, egregious conduct, and conspiracy or solicitation to murder the other parent. The mother timely appealed. Continue reading ›

Published on: | by

When people in romantic relationships decide to part, they will typically go their separate ways. If they have a child together, though, they may have to seek intervention from the courts to determine their parental rights and obligations. In any custody matter, the Florida courts must rule in the best interest of the child. In doing so, however, they must uphold the parties’ right to due process, as explained in a recent Florida custody action. If you have questions about what steps you can take to safeguard your relationship with your child, it is wise to contact a Miami child custody attorney as soon as possible.

History of the Case

It is reported that the parties began their relationship in August 2019 and had a child in June 2021. Following the child’s birth, the mother returned to Miami, and the relationship between the parties ended. The father initiated a paternity action, seeking a 50-50 timesharing arrangement. During the hearing on the motion for temporary relief, the trial court introduced the concept of a two-week rotating schedule, which was not previously raised in the pleadings.

Allegedly, the court considered this schedule despite objections from the mother and her counsel, who requested time to discuss the alternative and present witnesses. Nevertheless, the trial court ordered the two-week rotating schedule based on its determination of the child’s best interests. The mother appealed. Continue reading ›

Published on: | by

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.

Continue reading ›