Category Archives: Child Custody
When One Side Won’t Comply With The Parenting Plan
You had high hopes that you and your former spouse would be able to get your act together for the sake of the kids after the divorce. You agreed to a parenting plan that seemed reasonable and fair, and set forth to demonstrate a healthy respect for your ex while maintaining significant contact with… Read More »
Thinking About Shared Custody In A New Way: Birdnesting
Children of divorce watch powerless as their parents split, changing family life forever. They often spend years living out of a backpack as they haul clothes, homework, and equipment for their sports or music classes for the weekend. It can be incredibly stressful, and many kids find themselves with a big hole in their… Read More »
Is A 50:50 Shared Custody Agreement In The Cards For You?
As a father, you may have concerns that your rights will be obliterated when it comes to custody issues in a Florida divorce. But don’t despair! The notion that mothers are entitled to full custody in a divorce is outdated! Nowadays judges consider all kinds of issues when deliberating about child custody, and neither… Read More »
Is It Possible To Get Sole Custody Of My Child?
If you are going through a divorce, one of the most important decisions to be made revolves around your children. Who will have physical custody? Who will have legal custody and the ability to make important decisions about medical issues, education, and so forth? Can you and your spouse work together in the best… Read More »
When Do Florida Courts Decide Against Sharing Custodial Parental Responsibilities?
Under normal circumstances, there’s no question about the value of having both parents contribute to a child’s life, even when those parents are not married. In Florida, the shared responsibility for a child is always supported by the courts, unless there is a good reason to mandate something different. In all cases, the court… Read More »
Can My Estranged Spouse Bring Our Child to Court During Our Divorce Proceedings?
Patricia J. Kelly, a judge on Florida’s Second District Court of Appeal, recently issued an opinion that should serve as a cautionary tale for all parents in the midst of divorce proceedings. Judge Kelly was part of a three-judge panel that heard an appeal of a divorce case from Pasco County. The substance of… Read More »
Dealing with Modifications to Child Custody When Both Parents Have Moved Out of Florida
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 »
Can a Judge Take Away My Child Custody or Visitation Rights as Punishment for Missing a Hearing?
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 »
Can Exposing a Child to Domestic Violence Lead to a Change in Custody Arrangements?
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 »
