Category Archives: Child Custody
What Happens When Parents Disagree About Vaccinating their Children?
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 Children Deal with Stress During COVID-19
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 Can I 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 »
Appellate Court Says Parenting Plan Lacks Specificity and Orders New 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 »
Can a Judge Significantly Change Child Timesharing When the Only Issue Before the Court was the Exchange Location?
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 to Modify or Enforce Foreign Divorce Judgment is the County Where Responding Party Lives
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 On Parent Request to Relocate with Child
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 »
How to Arrange a Time-Sharing Schedule During a Divorce
Divorce is very tough on children. They are forced to adapt to a new schedule of being shuttled back and forth and usually end up living in two different homes, or not seeing one parent a majority of the time. With all of this change, it’s important for your child’s life to have as much… Read More »
How Long Does Divorce Take in Florida?
The time it takes for a divorce to be finalized varies with every individual. If the divorce is uncontested, meaning both spouses agree on everything, it can take as little as 4 weeks. In a contested divorce the court has to decide on what the spouses don’t agree on. These divorces can take 6… Read More »
What is the Adoption Process Like in Florida?
The road to adoption can be a long and stressful one, but in the end it’s extremely rewarding. The path differs for everyone, but it usually involves an orientation session, an in-depth training program to help you determine if adoption is right for you and your family, a home study and a background check. The… Read More »