When Florida courts fashion timesharing plans, there are multiple factors which the Court must consider to determine the plan that is in the best interest of the children. The factors considered by the Court can be found in Florida Statute 61.13(3). It is important to understand each factor and to do your best to follow […]
Tag: Custody
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 […]
Dickson v. Dickson
In Dickson v. Dickson, the trial court abused its discretion by modifying the timesharing agreement without evidence that the welfare of the minor child would be promoted by the proposed change. Dickson v Dickson
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 The word “custody” in Florida law is an archaic term, and although it is obsolete, it seems like it simply won’t go away.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 […]
Drouin v. Stuber
In Drouin v. Stuber (a paternity case), the mother sought to vacate a 2011 judgment that had declared another man to be biological father despite the fact that the child had been born during an intact marriage. The appellate court reversed the order setting aside the earlier order, because it was the legal father’s rights […]
Suleiman v. Yunis
In Suleiman v. Yunis, the Former Husband had obtained an ex parte order changing the children’s custody to him. The Former Wife moved to vacate, which was denied by the trial court. This was error. Former Wife correctly argued that Former Husband did not allege that the children were being threatened with physical harm or […]
How to properly relocate from the State of Florida when you have children.
Florida sets out the requirements for relocation within Florida Statute § 61.13001. This statute applies to you if your intended relocation destination is 50 miles, or more, away from the last residence that you used in establishing your timesharing, or at the time of the filing of such a petition. Moreover, this statute also applies […]
Overcoming Anger and Resentment
How essential is the ability of parents to put aside their personal feelings about each other and put the needs of their children first? You only need to look to Florida Statute 61.13 to see that the Court places great importance on parents being able to separate the feelings they have for each other with […]
Timesharing Factors
Florida courts no longer use the term “custody” with regards to children. Instead, the Court fashions “timesharing plans” that consider specific factors that are in the best interests of the child(ren). One factor that can be difficult, especially if you are involved in a difficult divorce or paternity case, is the first factor the courts […]