Category Archives: Child Custody
Contested Child Custody Modifications in Florida
Child custody cases are some of the toughest and emotionally charged cases that Florida family courts have to decide. In situations where parents cannot reach an agreement regarding a parenting plan or timesharing, it is up to the court to decide what is best for the child. However, even after a custody decision is… Read More »
Davis v. Davis — Case Summary & What It Means for Custody Disputes
When parents divorce or separate under Florida law, any custody order must do more than simply decree where the children live — the court must explicitly find that the parenting plan is in the “best interests of the children,” and address all minor children, parental responsibility, and any claims for assets or support. Davis… Read More »
When Custody Changes Hands: Lessons from C.N. v. I.G.C.
Custody battles are among the most painful and complicated issues to land in a family court. In Florida, the law starts with a strict but simple idea: kids do best when both parents stay involved in their lives. That’s why judges usually prefer shared parental responsibility, with plenty of time for the child to… Read More »
When One Parent Takes the Lead: Lessons from Spaulding v. Spaulding
The Florida courts generally lean toward shared responsibility when it comes to custody cases. There is a generally held belief that both parents should remain in the child’s life. But that ideal doesn’t always work out in real life. When the situation is marked by high conflict, neglect, or a level of instability that… Read More »
Relocating with a Child in Florida After a Divorce
If you have a parenting plan in place, you cannot just up and relocate on a whim. You need either the other parent’s consent or the court’s permission to do so. Relocation hearings can be hotly contested because one parent stands to lose access to the children. Ultimately, the courts must weigh whether the… Read More »
Florida Appeals Court Clarifies Standard for Modifying Child Support
You’re done with your divorce, but now, circumstances have changed, and you need to modify how much child support you pay. Parents in this situation often ask whether they can reduce their child support obligation. A recent case from Florida’s Sixth District Court of Appeal, Manella v. Manella (2023), sheds some light on how… Read More »
What are the Penalties for Violating a Parenting Plan in Florida?
In the State of Florida, judges decide child custody cases based on the best interests of the child. Parents are encouraged to develop their own parenting plan that reflects the interests of their children. As soon as the court approves the parenting plan, it becomes a legally binding document that must be followed by… Read More »
The Rights of Unwed Fathers in Florida Custody Matters
Some of Florida’s newest laws address the rights of fathers in child custody hearings. The Florida courts are now required to default on giving fathers equal time-sharing when it comes to child custody. There is also a presumption in favor of shared custody. Further, Florida has clarified the rights of unwed fathers. In this… Read More »
What Are the Penalties for Violating the Terms of a Parenting Plan in Florida?
Modifying a parenting plan can be tricky. You need to establish certain factors before the court will hear your argument. Instead, many parents think that they can unilaterally change the terms of a parenting plan without either consulting the other spouse or the court. If you try this, the court will not be happy… Read More »
How Does Shared Legal Custody Work in Florida?
In the majority of situations, the Florida courts will award parents joint custody of their children. Under the law, there is a rebuttable presumption that joint custody is in the best interest of the children. The best interests of the children is the standard that the court applies when making custody decisions. When it… Read More »
