Category Archives: Child Custody
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 »
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 »
