The above statement is something that is heard often by many Florida family law professionals, and each time it comes up, the following needs to be explained. The word “custody” in Florida law is an archaic term, and although it is obsolete, it seems like it simply won’t go away. This is likely because the […]
Category: Child Custody
Suleiman v. Yunis
In Suleiman v. Yunis, the Former Husband had obtained an ex parte order changing the children’s custody to him. The Former Wife moved to vacate, which was denied by the trial court. This was error. Former Wife correctly argued that Former Husband did not allege that the children were being threatened with physical harm or […]
How to properly relocate from the State of Florida when you have children.
Florida sets out the requirements for relocation within Florida Statute § 61.13001. This statute applies to you if your intended relocation destination is 50 miles, or more, away from the last residence that you used in establishing your timesharing, or at the time of the filing of such a petition. Moreover, this statute also applies […]
Overcoming Anger and Resentment
How essential is the ability of parents to put aside their personal feelings about each other and put the needs of their children first? You only need to look to Florida Statute 61.13 to see that the Court places great importance on parents being able to separate the feelings they have for each other with […]
How Does Reunification Work In Cases Of Alienation?
If a parent has been absent from a child’s life for a significant time, it may be helpful to hire a mental health professional to assist the temporarily absent parent to reconnect with the child. Children, especially young children, who have not seen a parent for a long time, may be unsure of the parent […]
Holiday Timesharing
The holiday season is fast approaching. If you are currently in the middle of a divorce or paternity case, you may not have a holiday timesharing schedule in place yet. Holiday timesharing temporarily replaces your everyday schedule. In other words, even if you have a regular timesharing schedule that you follow, if there is not […]
Modification Of An Existing Parenting Plan
There are two ways to modify an existing parenting plan. The first is by the agreement of the parties. The second is through the court. In order to modify an existing parenting plan through the court, the parent requesting the change must do three things. They must prove that the change is requested due to […]
How Does The Florida Court Fashion A Time-Sharing Plan
How does the Florida Court fashion a time-sharing plan? If parents are unable or unwilling to agree to time-sharing plan in mediation, the Court will dictate how much time each parent spends with the children. The Court must consider the best interests of the child(ren) when determining the time-sharing schedule. The factors considered by the […]
Shared Parental Responsibility Intervention
Professional intervention in parental responsibility issues sometimes becomes necessary. Therapist mediators are, at times, necessary when parents are arguing over issues such as schooling decisions and medical care. The therapist mediators may recommend therapeutic intervention and may be able to monitor compliance in resolving issues. Professional intervention may also be used to help provide parents […]
Utilization Of A Parenting Plan Evaluator
At times, parents disagree over the schedule that is both suitable to the parties and in the best interests of the minor children. In these circumstances, some parents will enlist the assistance of a qualified evaluator to make expert recommendations regarding the “proper” parenting plan and timesharing schedule. While parenting plan evaluations are not mandatory […]