Articles Posted in Custody/Time-Sharing

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Florida family law courts handling cases involving minor children aim to rule in the children’s best interest. Unfortunately, in some instances, doing so requires the courts to declare a child dependent due to the parent’s inability to provide them with proper care. The Department of Children and Families must produce proof sufficient to demonstrate dependency by a preponderance of the evidence, however, and if it fails to do so, a child should not be deemed dependent. In a recent Florida ruling, a court addressed what constitutes sufficient evidence of dependency. If you need help protecting your parental rights, it is advisable to confer with a Miami child custody lawyer promptly.

Factual and Procedural Background

It is reported that the Department of Children and Families (DCF) initiated dependency proceedings after the child was born drug-positive and exhibited severe withdrawal symptoms. The child’s mother consented to the dependency adjudication, and the trial court declared the child dependent as to the father after a bench trial. The trial court’s decision was based on two findings: first, that the father had failed to protect the child from the mother’s substance abuse during pregnancy, and second, that the father’s own drug use presented a significant risk of immediate harm or neglect to the child. The father contested these findings, leading to the appeal.

Evidence Supporting a Dependency Adjudication

 On appeal, the court focused on the legal sufficiency of the evidence supporting the dependency adjudication. The court emphasized that a final dependency ruling is a mixed question of law and fact, which will be upheld on review if the correct law was applied and if the ruling is supported by competent substantial evidence. Further, the court noted that DCF bore the burden of proving dependency by a preponderance of the evidence, specifically showing that the child had been abused, abandoned, or neglected or was at substantial risk of imminent harm. Continue reading ›

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When determining parental rights in Florida custody cases, the court’s sole focus is what is in the child’s best interest. The Florida courts recognize, though, that circumstances can change, and if they do, it may also alter what is considered to be in a child’s best interest. In a recent Florida custody action, the court discussed evidence that warrants a modification of a parenting plan, ultimately determining that such a change was necessary. If you need assistance protecting your rights in a custody action, it is prudent to speak with a Miami child custody lawyer.

Facts and Procedure of the Case

It is alleged that the husband and wife were married and had children during their marriage.  The marriage between the parties was dissolved in 2014, and the final judgment granted primary timesharing to the wife, with the stipulation that the husband’s visitation be supervised because of his abuse of alcohol and unpredictable behavior. The judgment allowed the wife to request breathalyzer tests during the husband’s parenting time and designated five acceptable individuals to supervise the visitation.

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Florida courts handling child custody disputes are driven by what is in the best interest of the child. Absent an emergency situation, though, parents in child custody cases have the right to due process, which means, among other things, they should be provided notice of any hearings impacting their rights. If they are denied such notice, any judgment entered against them may be reversed, as discussed in a recent Florida opinion issued in a custody case. If you have questions about what measures you can take to protect your rights regarding time-sharing and parental responsibility, it is wise to speak with a Miami child custody attorney.

Factual History and Procedural Setting

It is reported that the wife and the husband were divorced and shared custody of their minor child pursuant to a parenting plan. The husband subsequently filed a supplemental petition to modify parental responsibility and other aspects of the parenting plan. The trial court then entered a judicial default against the former wife for failing to respond to the husband’s petition.

Allegedly, the wife, who was representing herself pro se at the time, did not designate an email address for service, and service was not effectuated following the required procedures. Despite this, she received notice of the proceedings through the email address used by the court and the former husband. The court entered a default judgment against her, modifying her parental responsibility and time-sharing rights. The wife appealed, arguing that she was denied proper notice before the entry of default against her. Additionally, she contested the husband rather than the court, setting the trial date. Continue reading ›

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In any child custody dispute, the Florida courts’ main priority is what is in the best interest of the child that is the subject of the action. Therefore, in some cases, they will issue emergency ex parte orders if they deem it necessary to protect the child. Such orders are only appropriate in certain situations, though, as discussed in a recent Florida opinion. If you need help protecting your custody rights, it is in your best interest to talk to a Miami child custody attorney at your earliest convenience.

History of the Case

It is reported that the mother and father, who were divorced, had a minor child for which they shared time-sharing and parental responsibilities. The father filed a motion for contempt against the mother, alleging she was not ensuring the child’s attendance at school during her designated time-sharing. During a hearing on this motion, the father disclosed that the mother had taken the child to Orlando without providing details about their whereabouts or the individuals involved. The judge, although acknowledging these issues, suggested the father file an emergency ex parte motion to suspend the mother’s time-sharing instead of addressing them immediately.

Allegedly, thirteen days later, the father filed the emergency motion, which led to an ex parte order restricting the mother’s overnight time-sharing and prohibiting her from leaving the county with the child. At a subsequent return hearing scheduled on a non-evidentiary motion calendar, the father sought to extend these restrictions to investigate further, while the mother argued the ex parte order was invalid from the start due to procedural errors and lack of due process. The court, initially planning a non-evidentiary review, abruptly shifted to offer an evidentiary hearing on the spot, which the mother objected to on grounds of inadequate notice and due process violations. Eventually, the court modified the ex parte order to allow limited time-sharing and scheduled a return hearing months later. The mother appealed. Continue reading ›

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Religion is an important part of many people’s lives. As such, it makes sense that they would want to impart their religious beliefs to their children. In Florida, people typically have the right to raise their children in the religion of their choosing unless the courts determine that doing so would not be in the child’s best interest. As shown in an opinion recently delivered by a Florida court in a custody case, judges must make unbiased decisions about parental rights with regard to religion. Otherwise, their rulings may be overturned. If you have concerns about protecting your right to parent your child, it is in your best interest to meet with a Miami child custody attorney.

History of the Case

It is reported that the father, who, as a Christian minister and youth pastor, opposed gender transition for his minor child based on moral and religious grounds. The child had been removed from the mother’s custody due to her substance abuse issues but was later reunited with her. However, after the child ran away from the mother due to abuse and excessive drinking, the child moved in with the father, who refused any gender transition treatment for the child.

It is alleged that the Department of Children and Families (DCF) sought to remove the child from both parents’ custody, alleging emotional abuse by the father for opposing gender transition. Despite no findings of abuse against the father, the trial judge removed the child from his custody, prompting the father to file a motion to return the child to his custody. However, the trial judge’s conduct during an in-camera interview with the child, including using female pseudonyms and suggesting counseling to change the father’s beliefs, raised concerns about bias against the father’s religious views. The father then filed a petition to disqualify the trial judge, arguing that the judge demonstrated bias that bias prevented him from receiving a fair hearing. Continue reading ›

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When people with children decide to end their marriage, one of their foremost concerns is usually how the divorce will impact their children and their parental rights. As such, they will often take great care when creating a parenting plan. The courts will generally incorporate parenting plans into divorce decrees as long as they are in the best interest of the children involved. While the courts can strike parenting plans, they cannot do so without following the proper procedure, as shown in a recent Florida opinion issued in a divorce action. If you have questions about your rights with regard to divorce, it is wise to talk to a Miami divorce attorney.

Facts and Procedure of the Case

It is reported that the wife initiated an action seeking a dissolution of her marriage to the husband. The trial court issued a Final Judgment of Dissolution of Marriage, incorporating the parties’ Parenting Plan concerning their child’s time-sharing rights and obligations. Subsequently, the husband filed a supplemental petition, later amending it, alleging deficiencies in the Parenting Plan, particularly its lack of provisions for communication between him and the child.

It is alleged that the wife moved to dismiss the husband’s petition and then amended her motion. During a hearing on the wife’s amended motion to dismiss, the trial court not only denied the motion but also, without prior notice, struck the Parenting Plan entirely, citing its failure to meet statutory requirements regarding communication means between the husband and the child. The wife filed a petition seeking a writ of prohibition or certiorari to challenge the trial court’s order. Continue reading ›

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In Florida, the best interest of the child standard dictates how custody cases are handled. In other words, regardless of whether the courts issue a parenting plan or the parties independently come to an agreement that the court then affirms, the plan must promote the child’s health and well-being. As such, to demonstrate a parenting plan should be modified a party will typically have to show a substantial change in circumstances. There are exceptions to the general rule, however, as explained in a recent Florida ruling issued in a custody action. If you want to learn more about what steps you can take to protect your parental rights, it is wise to confer with an assertive Miami custody attorney.

History of the Case

It is reported that the mother and father entered into a parenting plan outlining a series of timesharing schedules that would progressively increase the father’s time with the minor child over three years. The plan included a provision stating that by March 1, 2019, the parties would revisit the timesharing schedule, with the option to modify it without filing a supplemental petition for modification if they could not agree, in which case the matter would be submitted to the court.

Allegedly, the father subsequently petitioned for the modification. The mother moved for judgment on the pleadings, arguing that there was no change in circumstances that warranted a modification. The court agreed and ruled in favor of the mother. The father appealed. Continue reading ›

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In family law matters involving minor children, the Florida courts’ driving concern is what is in the children’s best interest. As such, in cases in which the parents’ ability to care for their children in a safe and healthy environment is called into question, a court may find it necessary to appoint a guardian ad litem. Which party is responsible for paying for such guardians depends on numerous factors, as discussed in a recent Florida opinion. If you have questions regarding how you can protect your parental rights, it is smart to meet with a Miami child custody attorney at your earliest convenience.

Case Setting

It is alleged that the mother and father, who have two minor children, divorced in Virginia in 2011. In 2020, the mother filed petitions for injunction for protection against domestic violence with children on behalf of the minor children. The trial court appointed a guardian ad litem for the children in the domestic violence cases and ordered the father to pay 100% of the Guardian’s fees. Following a hearing, the trial court denied the mother’s petitions but appointed the Guardian for further intervention.

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It is not uncommon for parents who share custody of a child to disagree over where the child should live or whether one parent should be able to move to another state with the child. In such instances, the parties will typically seek input from the courts to determine their parental rights. If a party relocates with a child without the court’s permission, they will likely face adverse consequences, as demonstrated in a recent Florida case. If you need help with a custody dispute, it is smart to consult a Miami child custody attorney to discuss your rights.

Case Background

It is alleged that the mother and the father were in a long-term relationship but never married. They resided together in Hawaii, where their daughter was born. However, in 2017, the mother relocated with their daughter to Key West without objection from the father. After settling in Key West, the parties agreed to a rotating custody arrangement for their daughter. In 2021, the father also moved to Key West and filed a petition to establish paternity, seeking timesharing and child support. The mother responded with a counterpetition, seeking similar remedies.

Reportedly, the court ratified a temporary order granting timesharing rights on an alternating weekly basis. Within two months, however, the father filed a petition to relocate with their daughter back to Hawaii. The mother objected, and the court scheduled the remaining issues in the case for trial, including the relocation petition. The father then relocated back to Hawaii before the court rendered a ruling on the relocation petition. The trial court then denied the petition for relocation while simultaneously adopting the father’s proposed parenting plan, granting him extended timesharing with their daughter during school recesses in Hawaii and additional timesharing in Key West. These conflicting decisions prompted the subsequent appeal. Continue reading ›

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Florida custody disputes can become contentious, and it is not uncommon for one parent to accuse the other of trying to alienate them from their child. In some instances, a parent may go so far as to accuse a co-parent of tortious interference with custodial rights. While Florida law allows for such actions, they can be challenging to prove, as demonstrated in a recent Florida custody case. If you are dealing with a custody disagreement, it is advisable to meet with a Miami child custody attorney promptly to determine your options.

History of the Case

It is reported that the father brought tort claims against the mother and the stepfather. Specifically, he alleged intentional interference with custodial rights as well as intentional infliction of emotional distress claims (IIED) against both the mother and the stepfather regarding their then-teenage daughter. The focus of the allegations against the stepfather involved his purported conspiracy with the mother in preventing the daughter’s return to Canada, where the father resided, against the daughter’s wishes to remain in Florida.

It is alleged that the stepfather’s involvement encompassed actions such as allowing the daughter to reside in his home, facilitating her enrollment in a Florida high school, and supporting her pursuit of emancipation from the father. The mother and stepfather moved for dismissal of the father’s claims via summary judgment. The trial court granted the motion, prompting the father to appeal. Continue reading ›