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Articles Posted in Custody/Time-Sharing

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Florida Court Discuses Evidence in Dependency Cases

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…

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Florida Court Explains the Standard for Parental Termination

Few cases are more difficult than those involving the termination of parental rights. Florida law requires courts to balance the rights of parents with the best interests and safety of children. In some situations, the Department of Children and Families may proceed under an expedited process that does not require…

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Florida Court Affirms Temporary Suspension of Timesharing in Emergency Circumstances

In Florida family law, courts have the authority to suspend a parent’s timesharing rights on a temporary basis when emergency conditions threaten the welfare of the child. Although such suspensions may occur outside of the usual modification process, they are permissible when the situation presents an imminent risk of harm.…

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Florida Court Affirms Timesharing Modification Due to Party’s Failure to Provide Trial Record

In Florida, the modification of a timesharing agreement requires proof of a substantial and unanticipated change in circumstances that affects the best interests of the child. Once such findings are made by the trial court after an evidentiary hearing, appellate review is significantly constrained, especially when the record on appeal…

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Florida Court Discusses Emergency Custody Orders

In Florida, a parent’s right to time-sharing with their child is a fundamental component of family law, protected by due process and governed by statutory standards. However, courts may temporarily suspend time-sharing when an emergency arises that could endanger the child. Such suspensions must be followed by a prompt evidentiary…

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Florida Court Discusses Procedure for Modifying Parental Rights

In Florida, courts strive to safeguard the best interests of children in custody proceedings. However, those efforts must not violate the fundamental rights of parents. In a recent Florida custody case, a trial court’s attempt to address a dispute over a child’s school enrollment resulted in a significant modification to…

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Florida Court Addresses Status of Caregivers in Dependency Proceedings

In Florida’s child welfare system, the rights of caregivers to participate in dependency proceedings are governed by specific statutory provisions. When a caregiver seeks to oppose a change in a child’s placement, they must meet statutory criteria to obtain party status. This was demonstrated in a recent Florida decision in…

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Florida Court Explains High Standard Applies to Set Aside Parenting Settlement Agreements

Parenting plans and timesharing arrangements can be modified when circumstances change, but challenging a signed settlement agreement requires clear evidence of unfairness or improper conduct. In a recent Florida case, the court affirmed the trial court’s denial of a request to set aside a parenting-related settlement agreement, emphasizing the high…

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Florida Court Reverses Child Custody Ruling Over Due Process Violations

Interstate child custody disputes can be among the most challenging legal battles, requiring courts to navigate complex jurisdictional laws while ensuring fairness to both parents. For example, if a parent does not have notice of key communications in a case, any ruling related to said communications may be unjust, as…

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Florida Court Affirms Denial of Hague Convention Petition for Return of Child to Peru

Parents involved in international custody disputes will often seek the return of their child via a Hague petition. While such petitions can be useful tools, they are not foolproof, as exceptions can apply that prevent the return of a child, as demonstrated in a recent Florida decision in which the…

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