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Articles Posted in Modification (Custody/Time Sharing)

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Exceptions to the UCCJEA ‘Home State’ Rule and How They Can Affect Your Florida Custody or Timesharing Case

When you are dealing with a child custody or timesharing case that crosses state lines, the case can become complicated. You must deal with all of the requirements of the Uniform Child Custody Jurisdiction and Enforcement Act. That law says that custody and timesharing cases generally must be heard by…

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When Parental Alienation is Enough to Warrant a Timesharing Modification in Florida

A recent case originating in Tallahassee provides a useful lesson in how a parent must go about presenting a case for a timesharing modification based upon parental alienation. The First District Court of Appeal upheld a trial judge’s refusal to modify a timesharing agreement because the father’s case was insufficient…

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What Happens in Florida When an Emergency Changes Circumstances Surrounding Your Custody Arrangement

As a parent, one of your primary goals in life is the nurturing and protection of your children. When discovering that domestic violence has taken place in the home of your ex-spouse — and in full view of your children — you will probably feel spurred to take action. The…

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Florida Appeals Court Nixes Language Restrictions, Timesharing Supervisor Payment Obligations in Custody Order

A mother whose custody arrangement with her daughter unraveled after an involuntary psychological commitment in 2010 achieved a measure of success in a recent ruling from the 2d District Court of Appeal. While the appeals court upheld a trial court’s decision regarding primary residential custody of the child, the appeals…

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Court Sends North Florida Father’s Parenting Plan, Child Support Case Back for Recalculation of Parents’ Incomes

A recent case originating in Jacksonville led the 1st District Court of Appeal to throw out part of a trial court’s decision to modify a parenting plan and calculate child support. The evidence in the case did not show that a substantial change in circumstances had taken place to warrant…

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What Happens When a Parent Does Not Comply With a Florida Timesharing Order

One of the most frustrating things for a parent can be when the other parent does not comply with the parameters for timesharing established by the court. When that happens, the parent who has lost time with the child has certain legal options. It is important to understand what the…

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Obtaining Emergency Relief in Your Florida Timesharing Case

Generally, in order to obtain a modification in your timesharing agreement, both parents must be placed on notice that the court’s ruling may bring about a change in the current plan. In some situations, a court may alter the timesharing arrangement without notice if an emergency exists. The 3d District…

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3d DCA Rules Change of Notice Period Was Not a ‘Modification’ of Timesharing Agreement in Miami Heat Star’s Child Custody Case

The long-running and often contentious child custody dispute between pro basketball star Dwyane Wade and his ex-wife, Siohvaughn Funches, added a new chapter recently when the 3d District Court of Appeal issued a ruling upholding a timesharing decision made last year by a Miami-Dade trial judge. Although rejecting the mother’s…

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Father’s Failure to Return Daughter to Florida on Time Allows for Alteration of Parenting Plan

Following time-sharing schedules can sometimes be complicated, especially when timesharing involves a child who is old enough to have a desire to assert her own self-control over where she lives. Even when faced with a child who does not want to return to the home of your ex-spouse, it is…

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