Category Archives: Child Custody
Supreme Court Rules Child Taken by Mother to U.S. Rightfully Returned to Father in Italy
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 »
Understanding a Parent’s Obligations Under a “Shared Parental Responsibility” Custody Order
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 »
Will a Court Alter Our Child’s Custody Arrangements If I Don’t Get Along with the Other Parent?
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 »
Can a Judge Modify a Time-Sharing Order Based on Possible Future Events?
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 »
Is a Florida Judge Required to Enforce a Private Child Custody Agreement Signed by the Parents?
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 »
What Happens When Parents Living in Different States File Separate Child Custody Petitions?
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 »
The Risks of Allowing a Judge to Decide Your Child’s Custody Arrangements
Children should never be used as pawns in their parents’ divorce. This is why the legal system in Florida strongly encourages parents to reach a suitable agreement for issues related to child custody and time-sharing. When the parents cannot agree, a judge will step in and make those decisions. But this often comes after… Read More »
Is a Co-Parenting Agreement with a Non-Parent Enforceable in Florida?
Families come in all types, shapes, and sizes. Unfortunately, the law does not always keep up. When it comes to matters like child custody, for example, there are certain rules and assumptions in place that may not fully account for non-traditional family structures. Let’s take this recent case from Pinellas County, Springer v. Springer…. Read More »
Do I Need a Judge’s Permission to Relocate with My Child?
There are very specific rules in Florida governing child custody disputes. This includes situations where one parent wants to relocate the child, i.e., the parent wants to move with the child to a different city for any reason. If the child is already the subject of a time-sharing order between the parents (or any… Read More »
Considerations to Make Before Finalizing Your Florida Custody Agreement
Though custody laws vary from state to state, the emotional pain and headache that comes with sharing custody of a child with another parent in another household is universal. Most parents across the nation know the pain of not being able to spend Christmas morning with their little ones, or of not being able… Read More »