Articles Posted in Custody/Time-Sharing

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 a reunification plan or services before seeking termination. A recent decision from a Florida court illustrates how this process operates and why the appellate court will uphold such a judgment when the record demonstrates sufficient evidence. If you are facing a dependency or termination case in Florida, a Miami family law attorney can help ensure that your rights and your child’s welfare are both protected.

History of the Case

It is reported that the mother appealed a July 25, 2024, final judgment terminating her parental rights as to her daughter. Although the record reflected that in the months before trial, she made progress in employment, housing, and sobriety, these improvements occurred while the child was in a temporary shelter and while she was not responsible for daily parenting.

Allegedly, the child had been sheltered due to the mother’s mental health and behavioral struggles. These issues mirrored those that had previously led to the termination of her parental rights to two other children, one in 2007 and another in 2018. Continue reading ›

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. A recent ruling from a Florida court reaffirms the judiciary’s discretion to act swiftly in such cases to protect children while preserving the parents’ right to seek future relief. If you are concerned about your parental rights, it is advisable to confer with a Miami child custody attorney.

Factual Setting and Procedural Background

It is reported that the trial court issued a non-final order temporarily suspending the plaintiff’s timesharing rights with the minor child. The order followed a claim of emergency filed by the defendant, who alleged circumstances that placed the child’s welfare in jeopardy. Although the underlying facts are not set forth in detail within the appellate opinion, it is alleged that the trial court acted to prevent potential harm, consistent with its statutory obligation to prioritize the best interests of the child.

It is further reported that the plaintiff appealed the trial court’s decision, asserting that the suspension of timesharing was unwarranted and that the trial court had abused its discretion. However, the defendant maintained that the court’s actions were justified by the presence of a genuine emergency involving child endangerment or the threat of removal from the court’s jurisdiction. Continue reading ›

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 is incomplete. A recent case decided by a Florida court highlights the critical importance of an adequate appellate record when challenging a timesharing judgment. If you have questions about how you can protect your parental rights, it is wise to confer with a Miami child custody lawyer at your earliest convenience.

History of the Case

It is reported that the trial court modified the parties’ existing timesharing agreement following a bench trial, granting the defendant a revised custodial arrangement based on her allegations of a substantial change in circumstances. It is alleged that the defendant presented evidence of the plaintiff’s instability, a history of violent outbursts, and a failure to meet the educational needs of the minor child. Specific examples reportedly included repeated failures to assist with homework and a refusal to comply with the child’s school-mandated summer school program.

It is further reported that the plaintiff appealed the trial court’s judgment, asserting several procedural and factual objections. He claimed that he was denied a meaningful opportunity to be heard, that the legal standard for a substantial change was not met, and that the final order relied on inaccurate factual representations, which he alleged amounted to perjury by the defendant. Continue reading ›

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 hearing to ensure fairness and determine whether the suspension remains warranted. A recent Florida decision illustrates how courts are expected to restore regular time-sharing when the emergency basis for the suspension is no longer supported by evidence. If you are facing a dispute over custody or time-sharing, a Miami family law attorney can help protect your parental rights while prioritizing your child’s welfare.

Factual Setting and Procedural Background

It is reported that the trial court initially suspended the mother’s time-sharing rights on an emergency basis. The suspension was ordered by a temporary, or “emergency,” judge in response to an emergency motion. It is alleged that the mother’s attorney was unavailable for the emergency hearing and was not permitted to appear telephonically, a decision that likely limited the mother’s ability to present her case at the initial stage.

It is further reported that, following the emergency order, the assigned trial judge conducted a subsequent evidentiary hearing to evaluate whether the suspension should remain in effect. Both parties were given adequate notice of the hearing and had the opportunity to present evidence and be heard. The court reviewed the evidence, which included the testimony of both parents and documentary exhibits, and determined whether reinstating the prior time-sharing schedule was appropriate. Continue reading ›

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 the parenting plan without proper notice or hearing, prompting the appellate court to reverse the order. If you are involved in a dispute over parental rights, it is essential to retain a Miami family law attorney who can ensure your rights are protected throughout the proceedings.

Case Setting

It is reported that the parties’ marriage was dissolved through a final judgment entered in 2021 that incorporated a marital settlement agreement and parenting plan. The parenting plan required shared parental responsibility and joint decision-making regarding major issues such as education. The plan also specified that the child would attend public kindergarten unless the parties agreed otherwise.

It is alleged that the mother later filed a relocation petition, which the father opposed with a counter-petition seeking sole decision-making authority over the child’s education. In August 2024, the trial court denied both petitions, thereby maintaining the status quo of shared parental responsibility. Continue reading ›

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 which the court quashed a trial court order granting caregivers limited party status because the statutory prerequisites were not met. If you are a caregiver or relative involved in a child placement dispute, consult a knowledgeable Miami family law attorney to understand your rights and obligations.

History of the Case

It is reported that a child, K.J., was removed from parental custody shortly after birth due to the mother’s substance abuse and placed with non-relative caregivers. Over nine months later, the Department of Children and Families (DCF) moved to transfer custody of K.J. to a maternal aunt in order to reunify K.J. with a sibling. The caregivers opposed the transfer and sought limited party status under section 39.522(3)(c)4.a., Florida Statutes.

It is alleged that the trial court granted the caregivers limited party status to contest the proposed change in placement. The court reasoned that because the caregivers had maintained custody for at least nine months and were willing to adopt, they were entitled to participate in the proceedings to determine the child’s best interests. Continue reading ›

Continue reading ›

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 discussed in a recent Florida decision. If you are involved in a multi-state custody case, understanding your legal rights is crucial, and consulting an experienced Florida family law attorney can make all the difference.

History of the Case

It is reported that the parties were married in Tennessee in 2017 and had a child together. The father later spent significant time in Key West, Florida, while the mother and the child primarily resided in Tennessee. In December 2023, the mother filed for divorce in Tennessee, stating that the child lived with her in Knoxville and requesting joint custody. Two days later, the father filed for divorce in Florida, also seeking joint custody and asserting that the child lived with him in Key West.

It is alleged that both parties filed motions to dismiss the other’s case, each arguing that their respective state had jurisdiction over the custody matter. The Tennessee court held a hearing and determined that it needed to communicate with the Florida court to establish which state had jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Continue reading ›