Custody/Time-Sharing

Florida Court Evaluates Child Name Change Petition

Published on: October 14, 2026 | by Sandy T. Fox

A child may grow up using a name that differs from the name on official records. When a parent seeks to make that change legal, the court must consider the governing statute and the child’s current best interests. A recent Florida decision rejected the idea that a mother lost the right to request a name change because she had not made it during the child’s first year. The court also explained why an earlier unsuccessful petition did not control the later request on this record. A Miami family law attorney can help parents present the evidence supporting a child’s name change.

History of the Case

It is alleged that Suzette Paul petitioned to change her minor child’s first and last name. The father filed an unverified answer opposing the request but did not appear at the final hearing. The mother testified about the child’s preferences at school, limited contact with the father, and her own role as the sole custodial and caregiving parent for nearly all of the child’s life.

Reportedly, the child’s licensed mental health counselor also testified that the change was in the child’s best interest. The evidence established that others knew the child by the desired name and that the child wanted to share the mother’s surname. The trial court nevertheless denied the petition, and the mother appealed. Continue reading ›

Florida Court Discusses RIght to be Heard in Custody Matters

Published on: October 7, 2026 | by Sandy T. Fox

A parenting hearing can reshape a child’s home, school, and relationship with each parent. Those changes require fair notice, a meaningful opportunity to participate, and evidence supporting the child’s best interests. A recent Florida decision ordered a new trial after a hearing proceeded without the mother or her attorney and resulted in a dramatic change to the child’s living arrangements. The ruling illustrates how scheduling problems and inadequate evidence can undermine a parenting judgment. If you are facing a disputed parenting plan or relocation request, a Miami family law attorney can help protect your opportunity to present your case.

Facts of the Case

It is reported that the father petitioned to establish paternity, shared parental responsibility, timesharing, and child support. The child had lived full-time with the mother, and the father had never exercised overnight timesharing. The mother later filed a counterpetition seeking relocation, long-distance timesharing, and related relief.

Allegedly, 40 days before the scheduled one-hour final hearing, the mother requested a continuance. Her reasons included counsel’s preplanned travel, incomplete court-ordered mediation, and insufficient hearing time. This was her first continuance request. Her attorney promptly sought a hearing on the motion, but the magistrate’s office said none was available before trial. Continue reading ›

Florida Court Discusses Jurisdiction Over Family Law Matters

Published on: September 26, 2026 | by Sandy T. Fox

Family court orders can overlap when a divorce case and a dependency case involve the same children. Even a valid time-sharing plan may not be enforceable while a dependency court’s no-contact order remains in place. A recent Florida decision affirmed denial of a parent’s requests for enforcement and reunification, although the trial court gave the wrong procedural reason. Parents navigating orders from different courts can consult a Miami child custody attorney to determine where to file and what conditions must be met before contact resumes.

Facts and History of the Case

Reportedly, the parties’ dissolution judgment included a time-sharing plan. A separate dependency case produced a no-contact order affecting one parent’s contact with the children. The parent filed motions in the divorce case to enforce the judgment’s plan and reunify contact by modifying the no-contact order. She also had a supplemental petition to modify time-sharing pending in the dissolution action.

Allegedly, the trial court denied the enforcement and reunification motions because it believed the parent needed to proceed by petition rather than motion. The parent appealed. The court reviewed the record and agreed that the filing label was not the proper basis for denial. The no-contact order was not a final judgment, and the parent had already filed the supplemental petition needed to modify the final time-sharing judgment. The court nevertheless examined whether it could grant the requested relief for other reasons supported by the record. Continue reading ›

Florida Court Examines Evidence of Changed Circumstances in Custody Cases

Published on: August 14, 2026 | by Sandy T. Fox

In a time-sharing dispute, what a parent puts in a pleading can shape the case long after filing. A parent seeking modification must establish a substantial and material change in circumstances and show that the requested arrangement serves the child’s best interests. A recent Florida decision shows how parties may bind themselves through their assertions and how a missing hearing transcript can restrict appellate review. If you face modification, enforcement, or contempt proceedings, a knowledgeable Miami family law attorney can help present and preserve the issues shaping your family’s future.

History of the Case

Allegedly, a Maryland court dissolved the parties’ marriage in 2017 and entered custody orders in 2018. The orders granted joint legal custody and joint decision-making authority. The child lived with the mother in Florida, while the father remained in Maryland and received time-sharing during summers, spring break, and alternating holidays. A Florida circuit court later registered the Maryland decrees.

It is alleged that the mother petitioned for modification in June 2024, asserting a substantial and material change in circumstances and accusing the father of violating time-sharing and communication obligations. She asked to limit him to supervised visitation in Pensacola. The father counter-petitioned, claimed that the mother had breached communication and decision-making requirements, and sought majority time-sharing plus ultimate authority over health and education. Continue reading ›

Florida Court Discusses Guardian Ad Litem Fees

Published on: June 21, 2026 | by Sandy T. Fox

Guardian ad Litem often plays an important role in high-conflict family law disputes by providing independent recommendations concerning a child’s best interests. Although trial courts have broad discretion to appoint a Guardian ad Litem when necessary, they must also carefully consider how the costs of that appointment will be allocated between the parties. A recent ruling by a Florida court demonstrates that a court cannot simply require one parent to bear the full financial burden without making the findings required by law. If you are involved in a custody, timesharing, or relocation dispute, consulting a Miami family law attorney can help ensure your financial and parental rights are protected throughout the litigation process.

Facts and Procedural History

Allegedly, the parties divorced several years before the dispute giving rise to the appeal. After the dissolution judgment, the mother sought a temporary suspension of the father’s timesharing with the parties’ minor children based on concerns affecting the children’s welfare. Following multiple evidentiary hearings, the trial court concluded that immediate reinstatement of timesharing was not in the children’s best interests, but ordered the parties to participate in reunification therapy to gradually rebuild the parent-child relationship.

It is alleged that the mother later sought permission to temporarily relocate to Massachusetts with the children after receiving a job opportunity. She asserted that the request was prompted in part by the father’s failure to satisfy child support obligations and other court-ordered financial responsibilities. After considering the statutory relocation factors, the trial court determined that temporary relocation served the children’s best interests, provided that reunification therapy continued and additional oversight was implemented. Continue reading ›

Florida Court Assess Childcare Responsibilities and Support Allocations

Published on: June 14, 2026 | by Sandy T. Fox

Determining child support requires courts to assess each parent’s financial circumstances accurately, but income calculations are not always as straightforward as reviewing a paycheck. Parents who reduce their work schedules to care for young children often face disputes over whether additional income should be attributed to them for support purposes. A recent Florida ruling demonstrates that trial courts must carefully evaluate childcare responsibilities before imputing income and calculating child support obligations. If you are involved in a paternity or child support dispute, speaking with a Miami family law attorney can help ensure your financial circumstances are fairly considered under Florida law.

Case Setting

Allegedly, the father initiated a paternity action involving the parties’ two minor children, and the mother responded by filing her own petition. The litigation involved multiple motions, amendments, and discovery disputes before the matter ultimately proceeded to a final hearing.

It is alleged that the father did not appear for the final hearing, although his attorney attended on his behalf. The trial court dismissed the father’s petition but addressed the mother’s petition. During the hearing, evidence showed that the mother had served as the children’s primary caregiver for several years and that the father had not had the children overnight for more than two years. The mother also testified that she worked only part-time because she cared for five minor children and lacked reasonable childcare alternatives.

Reportedly, the trial court entered a final judgment awarding shared parental responsibility while granting the mother ultimate decision-making authority. The court established a timesharing schedule, imputed additional income to the mother based on full-time minimum wage employment, and calculated both ongoing and retroactive child support using that higher income figure.

Florida Court Explains Grounds for Terminating Parental Rights

Published on: June 7, 2026 | by Sandy T. Fox

Termination of parental rights is among the most significant actions a Florida court can take because it permanently severs the legal relationship between a parent and child. Before entering such an order, the court must determine that statutory grounds exist, that termination is the least restrictive means of protecting the child from harm, and that the decision serves the child’s best interests. A recent Florida decision illustrates how appellate courts review these findings and the importance of a complete trial record when parental rights are at stake. If you are involved in a dependency or termination of parental rights proceeding, you should speak with a Miami family law attorney as soon as possible to protect your rights and your relationship with your child.

Facts and Procedural History

Allegedly, the Department of Children and Families initiated dependency proceedings involving a minor child after concerns arose regarding the child’s safety and welfare. As the case progressed, the parent was provided with a court-approved case plan designed to address the issues that had led to the child’s removal and facilitate reunification.

Florida Court Reinforces Due Process Protections in Family Law Proceedings

Published on: May 21, 2026 | by Sandy T. Fox

Family law disputes often involve heated disagreements, urgent motions, and scheduling conflicts. While trial courts have broad authority to manage their dockets and address litigation conduct, that authority is not unlimited. Parties facing sanctions must still receive notice and an opportunity to be heard before financial penalties are imposed against them. A recent Florida ruling demonstrates the importance of these fundamental due process protections and serves as a reminder that courts must follow proper procedures before awarding sanctions. If you are involved in a contentious custody, paternity, or family law dispute, you should speak with a Miami family law attorney to ensure your rights are protected throughout the litigation process.

Facts and Procedural History

Allegedly, the parties were involved in a paternity action that included disputes concerning issues related to a child’s school boundary designation. A hearing on the father’s motions was scheduled for late May 2024.

It is alleged that two days before the scheduled hearing, the mother’s attorney moved to withdraw from representation based on irreconcilable differences. Counsel also requested a continuance to allow the mother adequate time to secure new legal representation. Continue reading ›

Florida Court Discusses Evidence in Termination of Parental Rights Cases

Published on: April 27, 2026 | by Sandy T. Fox

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 ›

Court Examines Visitation Rights in the Context of Florida Dependency Cases

Published on: March 28, 2026 | by Sandy T. Fox

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.