Articles Posted in Custody/Time-Sharing

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Mother Declared in Contempt for Impeding Sons’ Relationship with Father

Divorces are almost always difficult, but divorces that occur to couples with teenage children can be especially challenging. While a parent cannot control what his or her children feel or think regarding the other parent, he or she can help foster a healthy relationship by refraining from actively doing things…

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Dealing With Timesharing Issues in Long-Distance Situations

A recent child custody battle represents the potential hurdles that can sometimes arise when trial courts attempt creative compromises. The 4th District Court of Appeal recently issued a ruling throwing out a trial court’s modified timesharing plan because the plan was something neither parent had proposed and neither side had any…

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Mother and Child Reunion Put on Hold After Court Decides to Hear More Evidence Regarding Best Interest of Child

Child custody court cases involve many elements. One vital aspect is determining what is in the best interest of the child, an issue that many parents might feel capable addressing on their own. However, family law cases are still civil litigation matters, in many cases complete with multiple procedural layers.…

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Appeals Court Clarifies Standard for Parental Abandonment Finding, Revives Grandparents’ Adoption Petition

A recent 4th District Court of Appeal ruling clarified the proper factors for determining if a parent has sufficiently abandoned his child to allow the courts to terminate his parental rights and gave a pair of grandparents’ effort to adopt their grandchild new life. The appeals court’s ruling explained that,…

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Failure to Foster Relationship with Child’s Father Not Grounds for Mandating Psych Evaluation of Mother

Psychological and physical evaluations can be important tools for courts as they analyze a parent’s fitness. The law, however, also maintains several hurdles on the permissibility of such examinations because of their invasive nature. The case before a court must implicate the parent’s mental or physical condition, and the parent…

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Establishing Time-Sharing and Parenting Plans for Children With Special Needs

Crafting parenting and time-sharing plans are challenging enough under ordinary circumstances. When the child whose custody must be resolved also has special needs, the decisions become even more difficult. However, when these cases go to court, the law imposes the same analysis as all other parenting plan and time-sharing matters.…

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Father’s Right to Share in Residential Decision-making Triggers International Convention, Forces Dispute Case Back to Brazilian Courts

A South American mother’s attempt to relocate from Brazil to Florida became more complicated after the Third District Court of Appeal determined that an international convention regarding child custody applied to her case and required her to return with her two daughters to Brazil so that Brazilian courts could sort…

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Appeals Court Rules that State, Not Tribal, Court Has Jurisdiction in Miccosukee Custody Case

A recent ruling by the Third District Court of Appeal sided against a Native American mother in her attempt to invoke the jurisdiction of the Miccosukee Tribal Court to resolve a custody dispute regarding two children she shared with a man who was not Native American. The decision has substantial…

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Trial Court Overstepped in Awarding Mother 100% Timesharing of Couple’s Child

When going to court for a determination of timesharing, it is important to understand what the judge can and cannot do. Florida’s law regarding the establishment of a timesharing plan for a divorcing couple’s children is based upon a public policy that strongly favors giving a child “frequent and continuing…

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Florida Appeals Court Nixes Father’s Relocation of Children to New Jersey

A father’s desired move with his two sons from Florida to New Jersey fell flat because, although he persuaded a trial court judge to OK the relocation, the trial court order failed to make findings that the move benefited the children. The 5th District Court of Appeal reversed the ruling,…

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