Articles Posted in Custody/Time-Sharing

Visitation rights play a critical role in maintaining the parent-child relationship during dependency proceedings, even when a child has been removed from a parent’s custody. Courts must carefully balance the child’s safety with a parent’s fundamental rights, ensuring that any modification to visitation complies with due process requirements. A recent Florida decision highlights the legal consequences of altering visitation without proper notice or an opportunity to be heard. If you are involved in a dependency proceeding, you should consult a Miami family law attorney to safeguard your rights and ensure that courts follow the required legal standards.

Facts and Procedural History

Allegedly, the child was removed from the mother’s custody and placed in substitute care, with the court ordering supervised in-person visitation twice per week. The mother complied with the visitation schedule and maintained regular contact with the child.

It is alleged that subsequent reports filed by the care provider and guardian did not recommend any changes to the existing visitation arrangement, nor did they indicate that in-person visitation would be restricted or eliminated.

Family law disputes involving time-sharing can have immediate and lasting consequences for both parents and children, particularly when delays in court intervention prevent meaningful enforcement of custody arrangements. In Florida, lawmakers are increasingly focused on addressing these delays and ensuring that parents can maintain consistent access to their children. A recent legislative proposal highlights the urgency of these concerns and reflects a broader effort to streamline time-sharing enforcement and reduce prolonged uncertainty. If you are dealing with a custody or time-sharing dispute in South Florida, speaking with a Miami family law attorney can help you understand your rights and pursue timely relief.

Facts and Procedural History

Reportedly, a Florida legislator introduced a bill to address delays in enforcing time-sharing arrangements, initially proposing that courts assign a duty judge to be available at all times to handle such disputes. The proposal was intended to provide immediate judicial intervention when one parent denies the other access to a child.

It is reported that the legislator later amended the bill by removing the requirement for a 24/7 duty judge, instead shifting the focus toward expediting court proceedings related to time-sharing. The revised proposal emphasizes the need to prioritize these matters within the court system.

Parenting disputes frequently raise concerns about conflict between households, particularly when new spouses or partners become involved in a child’s life. Florida courts are tasked with protecting children’s best interests, but that responsibility does not grant unlimited authority to regulate the conduct of individuals who are not parties to the case. A recent Florida ruling clarifies the procedural and jurisdictional limits on a trial court’s power to restrict non-parties through parenting plan modifications. If you are navigating a post-dissolution dispute involving timesharing, parental authority, or alleged third-party interference, consulting a Miami family law attorney can help you understand where judicial authority begins and ends.

Facts and Procedural History

Allegedly, the husband and wife divorced in 2016. One minor child was born during the marriage. Several years later, disputes arose after the wife remarried, and tensions developed between the husband and the wife’s current husband.

It is alleged that in 2019, the husband filed a supplemental petition for modification, accusing the wife’s current husband of physically attacking him during a public school event involving the child. The husband sought restrictions preventing the wife from bringing her current husband to activities and exchanges involving the child.

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Few areas of family law carry weight equal to termination of parental rights, where the court’s decision can permanently redefine a family’s future. These cases often involve complex medical evidence, competing expert testimony, and deeply emotional circumstances, all of which demand intensive judicial scrutiny. A recent decision from a Florida court highlights how courts evaluate claims of newly discovered evidence after parental rights have been terminated, especially when parents attempt to raise new expert theories long after trial. If you are involved in a dependency or termination proceeding, it is advisable to talk to a Miami child custody attorney for guidance on how to protect your parental rights.

Case History

Allegedly, the Department of Children and Families opened two dependency cases after discovering multiple unexplained and severe injuries on infant twins. These injuries included rib fractures, extremity fractures, a skull fracture, a lacerated liver, and a bruised eye, many of which displayed different stages of healing. The half-brother, though uninjured, lived in the same home as the twins and the parents when the Department sheltered the children. The cases were later consolidated.

It is alleged that the trial court conducted a full bench trial involving extensive medical testimony, photographic evidence, hospital records, and expert opinions addressing whether the injuries resulted from nonaccidental trauma or a potential medical condition such as brittle bone disease or Ehlers-Danlos syndrome. After evaluating the evidence, the trial court found that the injuries were indicative of nonaccidental trauma and terminated the parental rights of both parents to the twins and the father’s rights to the half-brother.