Articles Posted in Custody/Time-Sharing

Published on: | by

When a child’s life is endangered, courts must determine whether parental conduct rises to the level of egregious behavior sufficient to justify the permanent termination of parental rights. In a recent Florida case, the court examined that difficult legal threshold, demonstrating how courts evaluate severe neglect, expert testimony, and the sufficiency of evidence in life-threatening situations. If you are facing allegations that could affect your parental rights in South Florida, you should speak with a Miami family law attorney to understand how these legal standards may apply to your situation.

Facts and Procedural History

Allegedly, a young child was brought to a hospital in an extremely malnourished state, suffering from significant medical complications that required emergency intervention and intensive care.

It is alleged that the child had not received consistent pediatric care for an extended period and that the parents delayed seeking medical attention until the child’s condition became critical. Medical professionals observed severe weight loss, muscle deterioration, and organ-related complications consistent with prolonged malnutrition. Continue reading ›

Published on: | by

Visitation rights play a critical role in maintaining the parent-child relationship during dependency proceedings, even when a child has been removed from a parent’s custody. Courts must carefully balance the child’s safety with a parent’s fundamental rights, ensuring that any modification to visitation complies with due process requirements. A recent Florida decision highlights the legal consequences of altering visitation without proper notice or an opportunity to be heard. If you are involved in a dependency proceeding, you should consult a Miami family law attorney to safeguard your rights and ensure that courts follow the required legal standards.

Facts and Procedural History

Allegedly, the child was removed from the mother’s custody and placed in substitute care, with the court ordering supervised in-person visitation twice per week. The mother complied with the visitation schedule and maintained regular contact with the child.

It is alleged that subsequent reports filed by the care provider and guardian did not recommend any changes to the existing visitation arrangement, nor did they indicate that in-person visitation would be restricted or eliminated.

Continue reading ›

Published on: | by

Termination of parental rights represents one of the most serious actions a court can take, permanently severing the legal relationship between a parent and child. Florida courts require strict compliance with statutory and constitutional safeguards before granting such relief, including proof of abandonment, best interests, and the least restrictive means of protecting the child. A recent Florida opinion illustrates how courts evaluate parental involvement, credibility, and the child’s long-term stability when determining whether termination is appropriate. If you are facing dependency proceedings, it is essential to consult with a Miami child custody attorney to determine your options.

Case Setting

Allegedly, the child was born prematurely to a mother struggling with substance abuse, and the Department became involved shortly after birth. The child was placed with foster parents within weeks, where the child remained throughout the proceedings.

It is alleged that the father initially denied paternity and declined to participate in the dependency process, despite being notified. Months later, the father appeared in the proceedings and asserted parental rights, at which point paternity testing confirmed his biological relationship to the child.

Continue reading ›

Published on: | by

Child support rulings can reshape a parent’s financial future overnight, but when courts impose obligations without clearly establishing the ability to pay, those rulings may not withstand scrutiny. Florida law requires precise findings to support both child support awards and enforcement measures such as contempt, ensuring that financial obligations remain fair, enforceable, and grounded in reality. A recent Florida opinion demonstrates how overlooking these requirements can unravel key portions of a family law judgment and force further proceedings. If you are involved in a child support dispute or facing enforcement actions in South Florida, speaking with a Miami family law attorney can help you protect your rights and secure a legally sound outcome.

Case Setting

Allegedly, the father initiated appellate proceedings after the trial court entered a final judgment addressing paternity, time-sharing, and child support obligations. The trial court’s order required the father to pay ongoing child support as well as retroactive support, but the judgment did not include specific findings regarding the father’s present ability to pay those amounts.

It is alleged that the trial court also imposed an obligation requiring the father to pay a percentage of the child’s extracurricular activity expenses. The provision allowed the respondent to enroll the child in activities without requiring mutual agreement, potentially exposing the father to open-ended financial responsibility regardless of his financial circumstances.

Published on: | by

Family law disputes involving time-sharing can have immediate and lasting consequences for both parents and children, particularly when delays in court intervention prevent meaningful enforcement of custody arrangements. In Florida, lawmakers are increasingly focused on addressing these delays and ensuring that parents can maintain consistent access to their children. A recent legislative proposal highlights the urgency of these concerns and reflects a broader effort to streamline time-sharing enforcement and reduce prolonged uncertainty. If you are dealing with a custody or time-sharing dispute in South Florida, speaking with a Miami family law attorney can help you understand your rights and pursue timely relief.

Facts and Procedural History

Reportedly, a Florida legislator introduced a bill to address delays in enforcing time-sharing arrangements, initially proposing that courts assign a duty judge to be available at all times to handle such disputes. The proposal was intended to provide immediate judicial intervention when one parent denies the other access to a child.

It is reported that the legislator later amended the bill by removing the requirement for a 24/7 duty judge, instead shifting the focus toward expediting court proceedings related to time-sharing. The revised proposal emphasizes the need to prioritize these matters within the court system.

Continue reading ›

Published on: | by

Parenting disputes frequently raise concerns about conflict between households, particularly when new spouses or partners become involved in a child’s life. Florida courts are tasked with protecting children’s best interests, but that responsibility does not grant unlimited authority to regulate the conduct of individuals who are not parties to the case. A recent Florida ruling clarifies the procedural and jurisdictional limits on a trial court’s power to restrict non-parties through parenting plan modifications. If you are navigating a post-dissolution dispute involving timesharing, parental authority, or alleged third-party interference, consulting a Miami family law attorney can help you understand where judicial authority begins and ends.

Facts and Procedural History

Allegedly, the husband and wife divorced in 2016. One minor child was born during the marriage. Several years later, disputes arose after the wife remarried, and tensions developed between the husband and the wife’s current husband.

It is alleged that in 2019, the husband filed a supplemental petition for modification, accusing the wife’s current husband of physically attacking him during a public school event involving the child. The husband sought restrictions preventing the wife from bringing her current husband to activities and exchanges involving the child.

Continue reading ›

Published on: | by

Relocation disputes in family law place courts in the difficult position of balancing a parent’s right to move with the need to preserve a child’s stability and meaningful relationships. These cases often involve sharply conflicting testimony and require trial courts to make detailed credibility determinations under Florida’s relocation statute. A recent decision from a Florida court highlights the deference courts give to trial judges who carefully apply the statutory factors and base their rulings on competent evidence. If you are facing a potential relocation dispute, you should speak with a Miami family law attorney to understand how courts evaluate these cases and to protect your parental rights.

History of the Case

Allegedly, the mother and father are the parents of a minor child who resided in Tavernier, Florida, under an existing parenting arrangement established in a Miami-Dade County family court case. The father sought court approval to relocate the child from Tavernier to Cape Coral, Florida, asserting that the move would serve the child’s best interests and improve the family’s circumstances.

It is alleged that the father filed a formal request for relocation under Florida law, triggering the statutory requirement that the court evaluate specific factors related to the child’s welfare, the feasibility of preserving the relationship with the nonrelocating parent, and the motivations of each party. The mother opposed the relocation, disputing whether the proposed move would benefit the child and raising concerns about the impact on her timesharing and ongoing involvement. Continue reading ›

Published on: | by

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 court highlights how courts evaluate claims of newly discovered evidence after parental rights have been terminated, especially when parents attempt to raise new expert theories long after trial. If you are involved in a dependency or termination proceeding, it is advisable to talk to a Miami child custody attorney for guidance on how to protect your parental rights.

Case History

Allegedly, the Department of Children and Families opened two dependency cases after discovering multiple unexplained and severe injuries on infant twins. These injuries included rib fractures, extremity fractures, a skull fracture, a lacerated liver, and a bruised eye, many of which displayed different stages of healing. The half-brother, though uninjured, lived in the same home as the twins and the parents when the Department sheltered the children. The cases were later consolidated.

It is alleged that the trial court conducted a full bench trial involving extensive medical testimony, photographic evidence, hospital records, and expert opinions addressing whether the injuries resulted from nonaccidental trauma or a potential medical condition such as brittle bone disease or Ehlers-Danlos syndrome. After evaluating the evidence, the trial court found that the injuries were indicative of nonaccidental trauma and terminated the parental rights of both parents to the twins and the father’s rights to the half-brother.

Continue reading ›

Published on: | by

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 ›

Published on: | by

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 ›

Contact Information
19790 W Dixie Hwy #412
Miami, FL 33180
Toll Free: 800.596.0579Phone: 305.932.6542Fax: 305.932.6453

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2026, Sandy T. Fox, P.A.
JUSTIA Law Firm Blog Design