To modify a final judgement providing for custody, the moving parent must show that the best interest of the child will be supported by the modification. When determining the best interests of the child, a court will evaluate all of the factors affecting the welfare and interests of the child and the circumstances of that family, including, but not limited to: the demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required. the…continue reading →
The right to custody of a child may be removed when it has been found that a parent is unfit to be the child’s custodian. When determining the fitness of a parent, the court will consider several factors, including: a parent’s moral unfitness, where it has a direct impact on the child’s welfare; his or her irresponsibility as a parent, especially if the irresponsibility is a pattern; a parent’s mental and emotional health; a parent’s alcohol or drug abuse; and the adultery or marital misconduct of the parent, where it has been shown…continue reading →
The court’s standard of what is in the best interest of the child takes into account a number of factors when determining child custody. With that, the preference of the child will be considered if the child is of sufficient age and has the intelligence to express his or her preference. The child must have the maturity that will allow him or her to make a reasonable choice between competing parents and be of ample understanding and experience to express such a preference. The court must also determine whether the child’s preference is…continue reading →
Parents who are going through a divorce often determine the custody of their child by stipulation or agreement. When this occurs, the court will generally adopt the agreement and make an order reflecting such an agreement accordingly. If there is any vagueness, with regards to the agreement, the court will interpret it in accordance to what it believes is the best interest of the child. Each provision will be scrutinized for it appropriateness and rejected if found to be inadequate. Further, in certain circumstances, a court may inquire into the wisdom of the…continue reading →
If one of the child’s parent dies, natural guardianship will then pass to the surviving parent. With this, his or her right continues even if the surviving parent later remarries. When a parent who has legal custody of a child dies, natural guardianship will again pass to the surviving parent. The surviving parent will have the right to enjoy and raise his or her child if the court does not find a compelling reason for why the surviving parent would be unfit or otherwise disabled from exercising custody.continue reading →
When dealing with child custody modifications, there is a presumption in favor of the reasonableness of the original ruling. Therefore, in order for there to be a change, the degree of change in the conditions and circumstances must be of a substantial factor. Florida courts follow the substantial change test that was approved by the court in Wade vs. Hirschman. The court requires that the party seeking modification of custody must show both that (1) the circumstances have substantially and materially changed since the original custody determination and that (2) the child’s best…continue reading →
On September 10, 2015, Senator Lee filed Senate Bill 250. If passed, the bill would considerably change Florida’s established child time-sharing statutes. This bill proposes a legal presumption of 50/50 timesharing and proposes significantly reduced alimony awards as well as accelerated terminations. Currently, there is no other state that has such a 50/50 time sharing presumption. Below is a link to Senator Lee’s bill for you to draw your own conclusion on whether this bill will benefit Florida. https://www.flsenate.gov/Session/Bill/2016/0250continue reading →
Being a parent is one of the most important aspects of life that one experiences. However, some parents are not able to adequately care for their child. In certain instances, this may necessitate the termination of the parent’s right to custody of the child. Prior to terminating parental rights, the court must find grounds for the termination. At which time, the court will then consider what is in the manifest best interest of the child when ruling. Grounds for terminating parental rights may be established under the following circumstances: the parent or parents…continue reading →
Relocating with your child without the other parents’ permission or through approval by the court can, and will likely, bring with it stiff penalties which include contempt of court, and other ramifications for not following the proper legal procedures required. In the event that both parents agree, then relocation is rather simple. Both parents must sign a written agreement that shows that the noncustodial parent consents to the move. If there are other parties who have visitation rights, i.e. grandparents, then they must also agree to the relocation. The agreement must set forth…continue reading →
In Florida, cases in which child custody issues are being decided, the court will enter a parenting plan. Simply put, a parenting plan is document that will govern the relationship between the parents as it relates to decisions regarding the child and must also contain a time sharing schedule. The time sharing schedule will set forth the time, including overnights and holidays, in which the child will spend with each parent. The issues that will be touched upon in the parenting plan may include, but are not limited to, the child's education, health…continue reading →
