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Category Archives: Child Custody

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Dealing with Modifications to Child Custody When Both Parents Have Moved Out of Florida

By WiseLieberman, PLLC |

Modifying a child custody order following a divorce can get quite complicated, especially if the parents are now living in different states. It is not uncommon for disputes to arise not only over the proposed modification, but also what state is the proper forum to resolve the matter. Keep in mind, just because you… Read More »

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Can a Judge Take Away My Child Custody or Visitation Rights as Punishment for Missing a Hearing?

By WiseLieberman, PLLC |

When a court approves a timesharing plan for child custody, that schedule is binding on both parents. If one parent refuses to follow that schedule, the other parent may ask the court to modify the timesharing plan. But as with all matters involving custody, a judge should only grant modification if it is in… Read More »

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Congratulations to Andrew Lieberman for becoming Board Certified by The Florida Bar in Marital & Family Law!

By WiseLieberman, PLLC |
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Can Exposing a Child to Domestic Violence Lead to a Change in Custody Arrangements?

By WiseLieberman, PLLC |

The general rule in Florida is that a child custody order will not be modified after-the-fact unless there is proof of a “substantial, material, and unanticipated change in circumstances” that the parents did not contemplate at the time. Obviously, something like domestic violence would qualify as such a change. But what you may not… Read More »

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Supreme Court Rules Child Taken by Mother to U.S. Rightfully Returned to Father in Italy

By WiseLieberman, PLLC |

Child custody disputes are rarely simple. But they take on an added dimension of complexity when the parents are living in different countries. And many cases are further complicated when one parent accuses the other of “abducting” the child and taking them to another country. To help address such matters, roughly 100 countries, including… Read More »

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MotherDaughter

Understanding a Parent’s Obligations Under a “Shared Parental Responsibility” Custody Order

By WiseLieberman, PLLC |

Child custody can be broken down into two major subjects: physical custody and legal custody. Physical custody refers to which parent the child actually lives with on a day-to-day basis. Legal custody more broadly covers how the parents will exercise decision-making authority over critical issues affecting the child, such as: What school will the… Read More »

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Will a Court Alter Our Child’s Custody Arrangements If I Don’t Get Along with the Other Parent?

By WiseLieberman, PLLC |

Once a Florida court enters a final judgment with respect to child custody issues, also known as “parenting” and “time-sharing,” there is a heavy burden placed on either parent should they wish to later modify such orders. Essentially, the parent seeking modification needs to prove through “competent, substantial evidence” that there has been a… Read More »

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Can a Judge Modify a Time-Sharing Order Based on Possible Future Events?

By WiseLieberman, PLLC |

When a Florida court establishes a time-sharing schedule for two parents, that order can only be modified later if there is proof of a “substantial, material, and unanticipated change in circumstances” that makes such a modification “in the best interests of the child.” A judge will consider a number of factors in making such… Read More »

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Is a Florida Judge Required to Enforce a Private Child Custody Agreement Signed by the Parents?

By WiseLieberman, PLLC |

Child custody is often a contentious issue between parents who do not live together. Of course, such disputes are never good for the child who is caught in the middle. That is why Florida courts encourage parents to come up with a plan for addressing custody and visitation issues. But it is important to… Read More »

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What Happens When Parents Living in Different States File Separate Child Custody Petitions?

By WiseLieberman, PLLC |

Child custody disputes often involve complex legal questions. For example, what happens when the parents live in different states? What happens if each parent files a separate child custody petition in their respective state? Which state has jurisdiction to resolve a dispute? Understanding the UCCJEA Most states, including Florida, have adopted the Uniform Child… Read More »

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