In Forssell vs. Forssell, the appellate court reversed a non-final order suspending time-sharing because the trial court did not indicate what if any steps would be required of the father to reinstate his time-sharing. The appellate court also reversed and remanded an order denying the dismissal of a separate domestic violence injunction. Both parties requested […]
Category: Visitation
New Florida Custody Law Pending Florida Senate Bill 668
The Florida Senate approved a new timesharing bill on March 8, 2016. A portion of the bill deals with changes to the alimony statute and the other portion changes the current timesharing statute. If passed, the bill would modify Florida Statute 61.13(2)(c)(1) by instructing courts that are establishing an initial parenting plan to start with […]
Cockrell v. Kinnett
In Cockrell vs. Kinnett, the appellate court reversed a contempt order that modified the parties’ timesharing schedule with the child, because there was no pleading that alleged a significant change in circumstances. The mother was thus not put on notice that modification would be sought or granted. Modification is not a proper sanction for non-compliance. […]
SB 250 Passed Judiciary Committee!
SB 250 (2016) Family Law http://www.flsenate.gov/Session/Bill/2016/0250 SENATE – CS by Judiciary; YEAS 7 NAYS 3
Paternity and Timesharing
It often comes as a surprise to unmarried fathers that when they break up with the mother of their child, they do not have timesharing and decision-making rights automatically. In order to establish a timesharing schedule and to require the child’s mother to include them in major decisions, the father must file a Petition to […]
Legislation Recently Introduced by Florida Legislature
Last week, the Florida Legislature introduced four separate pieces of legislation of note. Three of the bills introduced deal with alimony, and the fourth deals with timesharing/parenting plans. The three bills dealing with alimony (House Bill 455 and Senate bills 250 and 668) have different language, which we have not yet looked into. We do […]
Parenting with a Difficult Ex
There are many reasons that your ex became your ex. Some parents are able to overcome their differences and become cooperative co-parents for their children. Others are not so lucky. No matter how much you want to be able to work together with your ex to parent your child(ren), your ex may be unwilling to […]
My child says that he/she wants to live with me. Can’t the court just let my child decide where he/she wants to live?
The court will not simply take your child’s preference on where he/she wants to live as the only controlling factor to consider. Children are generally not capable of knowing what is in their own best interest. It is up to parents, or the Court, to make the necessary decisions for the minor children, until they […]
Back to School
It is that time of year again: time for children to head back to school. It’s important to remain involved with your child(ren)’s schooling even though you and the other parent may not be together. If parents have a friendly relationship, staying involved should be fairly easy, but what if you and your child(ren)’s other […]
Full Custody
The above statement is something that is heard often by many Florida family law professionals, and each time it comes up, the following needs to be explained. The word “custody” in Florida law is an archaic term, and although it is obsolete, it seems like it simply won’t go away. This is likely because the […]