Category Archives: Child Custody
How can you stop false reports of child abuse to DCF?
The Department of Children & Families (DCF) is required to receive and investigate allegations of child abuse as part of its mandate to protect children from abuse and neglect. DCF relies on the public to report suspected child abuse. In Florida, everyone is legally required to report suspected child abuse. It is a crime… Read More »
Evidence in Divorce & Fathers’ Rights
Evidence in a family law case refers to the information, documents, or testimony presented to the court to support or refute claims made by the parties involved. This evidence helps the judge make decisions on issues such as timesharing and visitation, custody, alimony, child support, property division, or other family law matters. Common types… Read More »
Do Grandparents Have Visitation Rights in Florida?
In Florida, grandparents have limited options when seeking court-ordered visitation with their grandchildren. Federal and state law prioritize the constitutional rights of parents to raise their children free from third-party interference. Under a new blockbuster opinion, this once steadfast principle was weakened if not eliminated by the DeSantis appointees of the Florida Supreme Court…. Read More »
Parents Disagree on Vaccinating Kids?
How do parents in Florida resolve disagreement about vaccinating their children, including disagreement over the COVID vaccination? Courts are required to grant parents “shared parental responsibility” unless it would be detrimental to their child.[1] “Shared parental responsibility” means major decisions affecting the child are to be made after the parents confer and reach an… Read More »
Helping Kids Cope with COVID-19 Stress
Corona virus precautions have required many changes in daily routines and schedules. Changes like this can stress children. The Florida State University Center for Prevention and Early Intervention Policy put together fantastic guides to help you identify when children are stressed; the cause of stress; how to talk about stress with your children; and… Read More »
Where to Find Florida DCF Records
DCF child abuse records are confidential and exempt from public records requests, except as provided by statute. Florida Statute §39.202, allows the person having legal custody of the child (or the young adult who was in DCF’s custody) to obtain DCF records. Florida Statute §39.202(7)(a) generally requires DCF to keep records of its cases… Read More »
Florida Court Orders New Parenting Plan
Former husband John Duke appealed the trial court’s final judgment dissolving his marriage to his wife, Heather. The Orlando couple were married for 25 years before she petitioned for dissolution of marriage. At the time, they had one minor child. Following a non-jury trial, the trial judge ordered John to pay permanent periodic alimony,… Read More »
Judge Changing Timesharing Over Exchange?
Here is a recent case about a judge who changed an Orlando couple’s timesharing and child support obligations without even being asked. In an appeal from the Circuit Court for Orange County, Zameena (the former wife) appealed an order regarding custody and support where the trial judge on his own awarded her former husband… Read More »
Proper Venue for Foreign Divorce Order
In January 2017, the Fifth District appeals Court reversed the Seminole County court’s decision to grant former Husband’s petition to modify a foreign divorce final judgment because he brought the case in the wrong county. In this case, the spouses were married in Miami but separated while they were living in Germany. The husband… Read More »
No Blank Checks for Child Relocation
In January 2017, The First District Appeals Court ruled that courts are not allowed to pre-judge what is in the “child’s best interest” when a parent requests permission to relocate with a child at some unspecfied future date, especially when it is uncertain whether and when such a relocation will occur. Kathleen and Mark… Read More »
