Are Florida courts more likely to award custody time sharing to mothers than to fathers?
In Florida, neither party has an advantage based on their gender. Each party comes into court on equal footing. The court will apply the analysis set out in the Florida statutes concerning custody in determining what is in the best interest of the children when setting custody and time-sharing.
Are Florida courts reluctant to grant sole custody time sharing to fathers?
Absent certain circumstances, Florida courts are reluctant to grant either parent sole parental responsibility. The courts prefer shared parental responsibility where the parents share in both the joys and the burdens of raising their children.
At what age can my children decide where they want to live?
There's a common misconception that children will be permitted at some point to decide where they live. In Florida, the courts will consider a child's preference as one of many factors, but if we were to allow children to decide where they wanted to live, they would rule the household.
Can a Florida court order drug testing of the parents when determining custody time sharing?
In Florida, it's in the best interest of the children that their parents be drug free so a Florida court can order drug testing of one or both parents if there are facts that exist that justify such order.
Can custody time-sharing rights be modified in Florida?
Custody and timesharing rights can be modified in Florida upon agreement of the parties or order of the court. In order to get the court to order a change in custody or timesharing there must be a substantial change in circumstances as defined by law.
Can expert witnesses be used in custody time sharing battles?
Expert witnesses can be used in custody or time sharing battles in the state of Florida. However, expert witnesses can be very expensive and most clients are unable to affordthe expert witnesses. Expert witnesses can include psychologists, guardian [inaudible 00:00:19] or even social workers.
Can grandparents be awarded custody time sharing of their grandchildren in Florida?
Generally, grandparents do not have rights to custody of their grandchildren in Florida. However, a grandparent can be awarded custody of minor children through an action involving temporary custody. Usually, that is done voluntarily through consent of the parents. However, sometimes it is done in a contested form. For that situation, you should speak with your attorney.
Can I have the court do a drug test on my ex spouse, and how relevant will the results be...
If you have a well-founded belief that your ex-spouse is using drugs, you can ask the court to require your ex-spouse to take a drug test. If your ex-spouse tests positive for using drugs, the court will be very interested in protecting the best interest of the children, but they will also give the ex-spouse an opportunity to rehabilitate themselves, get off the drugs, and become a parent once again.
Can my spouse tell me that I cannot see my kids?
Generally if you're not a danger to your children and there's no court order prohibiting you from seeing your kids, it's not a wise idea for your spouse to tell you you can't see your kids. Oftentimes a spouse tells you you can't see your kids anyway. If this is your situation, you should contact a lawyer and file the appropriate documents with the court demanding that you be able to see your children.
How do I exercise my visitation rights in Florida if the non-custodial parent is denying....
If the non-custodial parent is denying you access to your child you can file a motion for contempt or a motion to enforce with the court, asking the court to make the other parent allow you access to your child, and also asking the court to punish the other parent for denying you access to your child.
How will the Florida court determine where my children should reside after the divorce?
Absent an agreement between the parties, the Florida courts will determine time sharing and custody according to the factors set out in Florida statutes concerning custody. You should discuss the facts and circumstances of your particular case with your attorney to determine which factors will be most important in your case.
I share custody, time sharing with my ex wife, but she is an unfit parent. What should I do?
Generally in Florida, believe it or not, you have the right to be a bad parent, so long as that bad parenting does not rise to the legal definition of abandonment, abuse or neglect. You should discuss the facts and circumstances of your situation with your lawyer to determine if you should file a supplemental petition to modify the final judgment concerning timesharing based on the actions of the unfit parent.
Is mediation the best approach to solving disagreements about child custody time sharing?
While mediation can be a very good approach to solving disagreements concerning custody and timesharing in Florida, there are other options as well. Mediation does provide a neutral environment where you can discuss your disagreements and try and work through them. Another way to work through them is through employing a parenting coordinator who can also help you work through your disagreements concerning timesharing and custody.
My ex spouse left the state without telling me; she has custody time sharing. I have...
My ex spouse left the state without telling me; she has custody time sharing. I have parenting rights. What should I do? If the other parent left the state with the minor children and did not tell you, they have violated the Florida relocation statute. You can file a motion for pickup order of the minor children and the children should be returned to you. You should also file a supplemental petition to modify the time sharing as well.
Under a court order, my ex-spouse has the kids for four weeks during the summer. Can I deny...
Under a court order, my ex-spouse has the kids for four weeks during the summer. Can I deny him those weeks due to a conflict? If you and your ex-spouse have a court order which grants your ex-spouse four weeks of time sharing with the children in the summer, generally you cannot deny your ex-spouse those four weeks of time sharing absent good cause.
What are some common arrangements for child visitation in Florida?
In Florida, the courts will generally approve any timesharing arrangement worked out between the parties and reduced to a marital settlement agreement and parenting plan. The court would like to see in a parenting plan substantial timesharing for both parents. Florida prefers that each parent share in both the joys and the burdens of raising their children. An example of a timesharing plan would be an equal timesharing plan where each parent has 50% of the time. Parents can break it up a week on, a week off or they can do something like one parent gets every Monday and Tuesday night, the other parent gets every Wednesday and Thursday night, and they rotate the weekends. Over a two week period this gives each parent seven days of timesharing.
What are the requirements to move to another state with my children?
Absent an agreement with the other party allowing you to move to another state, you should follow the Florida Relocation Statute. The Florida Relocation Statute requires that you file a petition setting forth certain information. If you do not follow the statute and you do not have an agreement with the other party, you could be subject to the contempt powers of the court, and the court can also make the children return to the state.
What can I do if the other parent drinks and or drives under the influence while my children...
What can I do if the other parent drinks and or drives under the influence while my children are under his or her care? If the other parent drinks and drives while the children are in their care, first and foremost, don't let your children get in the car with that person if they are under the influence of alcohol. Second, you can file a motion with the court seeking to limit or supervise their time-sharing while the drinking problem is being addressed.
What do I do to protect my children when I believe that the other parent is abusing drugs?
If you have a well-founded belief that the other parent is abusing illegal substances, you can file a motion for immediate drug testing and you can also file a motion asking the court to limit or supervise time-sharing until that other parent tests clean.
What if both parents agree on child custody time sharing in Florida?
If both parents agree on custody and time-sharing in Florida, the courts will generally approve that agreement so long as it is in the best interests of the children.
What if the parents disagree on child custody time sharing and visitation?
If parents have disagreements concerning custody and timesharing, they should be encouraged to continue to try and work through those disagreements, as they know what will work best for the family. However, if they are unable to resolve those disagreements, they can file a motion for temporary relief to set a temporarytimesharing schedule during the pendency of the case, and they can also take their case to trial and let the judge determine what custody and timesharing should look like for them.
What qualifies as a material change of circumstances in a Florida custody time sharing case?
A person moving for modification of custody has to prove a substantial and material change in circumstances since the entry of the original court order and also has to prove that the modification is in the best interest of the children. Each case has its own unique facts and circumstances and you should discuss those facts and circumstances with your lawyer to determine if you have a good case for modification.
What should I do if I want to limit my child's visitation with grandparents?
Generally in Florida, grandparents do not have a right to visitation. From a practical perspective, grandparents get their visitation through their own child, the parent of the children. However, if there are facts and circumstances that exist which necessitate limiting a grandparent's access to the children, it should be discussed with the other parent and you should try and reach agreement. If you cannot reach an agreement, you should file the appropriate pleadings with the court and ask the court to limit the time sharing of the grandparents.
When parents are not divorced yet, can one parent move with the children out of Florida?
If there's a court order already in place prohibiting either parent from relocating with the children outside the State of Florida, a parent should not relocate with the children. However, if a case has not been filed yet and you wish to relocate, you technically can, but it's not a good idea to do so without first speaking with your attorney to address the pitfalls and the problems that arise when you move out of state with minor children.
Who determines how much visitation is reasonable and fair?
Usually the best people to determine how much visitation is reasonable and fair are the parties themselves. However, as is often the case, parents cannot agree on what is reasonable and fair as to time sharing. When that happens, you have to ask the court to set a reasonable and fair time sharing arrangement.