Articles Posted in Custody/Time-Sharing

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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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Florida Court Discusses Appealability of Child Custody Orders

In Florida, post-dissolution proceedings involving child support and timesharing modifications must proceed in a manner similar to initial pleadings. This means that modifications culminate in a final order, and nonfinal decisions are not immediately appealable unless authorized explicitly by appellate rules. This was illustrated by a recent Florida decision that…

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Florida Court Discusses Relocation and Parenting Plans

In Florida, parental relocation disputes require courts to evaluate whether a proposed move aligns with the child’s best interests, as outlined in state statutes. The burden of proving a relocation would benefit a child is placed on the party requesting the move. As discussed in a recent Florida ruling issued…

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Florida Court Discusses Evidence in Child Custody Cases

Under Florida law, courts making timesharing decisions must base their determinations on the child’s best interests, supported by substantial evidence. When a court’s decision relies on speculative or unsupported assumptions, it risks reversal. A recent Florida decision illustrates the need for competent evidence when ordering significant changes to a child’s…

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Interstate Custody Disputes in the Florida Courts

Under Florida law, child custody cases involving multiple states are governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which aims to prevent jurisdictional conflicts and ensure due process. Recently, a Florida court issued an opinion highlighting the importance of procedural fairness when a trial court relinquishes jurisdiction…

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