Category Archives: Child Custody
Two Courtrooms, One Family: How a Domestic Violence Injunction Can Shape Custody in a Florida Divorce
A domestic violence injunction and a divorce are separate legal proceedings, often heard at different times and sometimes by different judges. For families with minor children, however, the two frequently overlap. A parent who obtained an injunction, or who had one entered against them, may reasonably wonder whether that order will follow the family… Read More »
What Goes Into a Petition for Relocation?
Parents who share custody of their minor children and have an existing time-sharing schedule must take formal steps to modify the time-sharing schedule and custody arrangement if they plan to relocate. Under Florida law, any move is not necessarily considered a “relocation” that requires a legal modification of your time-sharing schedule and arrangement. A… Read More »
What Are “Best Interests” Factors in Child Custody Cases?
When you have minor children with a partner or spouse and your relationship is ending, you will need to prepare for a child custody case in Florida. Under Florida law, the language of “child custody” is not actually used any longer, but instead has been replaced with the language of parental responsibilities, time-sharing, and… Read More »
Can a Florida Judge Award Sole Parental Responsibility Even When Neither Parent Requests It?
Florida family law uses the term “parental responsibility” when referring to a parent’s legal authority to make important decisions regarding their child’s education, health care, religious instruction, and overall welfare. Generally, courts prefer shared parental responsibility, i.e., a custody arrangement where both parents equally share these decision-making responsibilities. However, a court may also award… Read More »
Can a Florida Judge Issue an “Emergency” Order Restricting a Parent’s Visitation Rights?
Children are often caught in the middle when their parents divorce. This can lead to situations where the judge overseeing the divorce may decide that one parent’s actions threaten the child’s physical or emotional well-being. In such scenarios, the judge can take the extraordinary step of modifying an existing timesharing (custody and visitation) order… Read More »
Florida’s Restrictive Approach to Grandparent Visitation
Providing love, stability, and support, grandparents often play a special role in the lives of their grandchildren. But when family dynamics shift due to divorce or separation, grandparents may find themselves cut off. Then, many want to know if they have a legal right to visitation in Florida. The reality is that grandparents’ rights… Read More »
Building a Co-Parenting Plan Through Negotiation
Heightened emotions are common when a couple is splitting up. Yet parents have to prioritize a plan for their kids. While it can be difficult to set aside conflict, building a co-parenting plan is essential to ensure stability and consistency for the children. Even when a parent finds themselves regularly fighting with an ex-partner,… Read More »
Unique Concerns in Divorces Involving Kids with Special Needs
Every divorce presents emotional and logistical challenges, especially when children are involved. But when a child has special needs, the process can become far more nuanced. Parents must go beyond typical custody and support considerations to ensure their child’s needs continue to be met after the marriage ends. For Florida families, working with a… Read More »
Child Custody, UCCJEA, and Home State Rules
Things can get complicated when child custody disputes cross state lines. Fortunately, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) provides clear legal standards for determining which state has authority to make custody decisions. For Florida parents, especially those considering a move out of state, understanding the UCCJEA and home state rules is… Read More »
Hurricanes, Evacuations, and Co-Parenting Schedules
Living in Port St. Lucie and the surrounding Treasure Coast means enjoying beautiful weather much of the year, but it also means preparing for hurricane season. Running from June 1 through November 30, hurricane season brings the potential for strong storms that can disrupt everyday life, including court-ordered parenting time and custody arrangements. Navigating… Read More »
