A Child Custody and Visitation case involving private schooling was recently decided by the Florida Court of Appeal. The father sought to enroll the children in a private Christian school. The final judgment of dissolution of marriage awarded the parents shared parental responsibility for the children. In 2017, the children…
A child custody and visitation issue was recently decided by the Florida Court of Appeal in a case captioned Preudhomme v. Preudhomme. In this case, the Mother challenged the trial court’s timesharing determination. The Mother lived in Pensacola and the Father lived in Mobile, Alabama. During the pendency of the…
In making a child custody and visitation award that provides for ultimate decision-making, a trial court must delineate the specific areas over which a parent can exercise this authority. In a recent case captioned McClure v. Beck, the former wife filed an appeal of a lower court decision which modified…
Restrictions on child custody and visitation by a judge in a court order must be accompanied by a description of the steps that a parent can take to reestablish unsupervised custody and visitation. In a recent case captioned Bahls v. Bahls a parent asked for a rehearing on a prior…
In a child custody and visitation proceeding, where time-sharing is ordered, the non-custodial parent’s right to the child on rotating holidays has become so routine and necessary that to deny it requires factual findings justifying that decision. In Mills v. Johnson, the Florida Court of Appeal stated: “Furthermore, the trial…
In a child custody and visitation proceeding under the Hague Convention, the right of access is the right to spend time-sharing with the child for a limited period of time in a place other than a child’s usual residence. The remedy for a violation of this right is not to…
In a child custody and visitation proceeding, to demonstrate a wrongful removal or retention of a child under the Hague Convention, a petitioner must establish: (i) the child is retained in a country outside the country of the child’s habitual residence, (ii) the removal must be a violation of the…
In a child custody and visitation proceeding, the constitutional guarantee of due process dictates a full and fair opportunity to be heard in judicial proceedings. The failure to give a party the chance to present witnesses or testify violates this fundamental right. In Cole v. Cole, the Florida Court of…
The trial court may disregard the parent’s agreed upon time-sharing agreement, if it is not in the best interests of the children. “Prior to entry of the final judgment, the former wife filed a motion to set aside the MSA and parenting plan, alleging that the MSA was invalid and…
A Court is not bound by an agreement between the parties nor by opinions of experts concerning time-sharing. “It is undisputed, and should be indisputable, that a trial court’s responsibility to the child cannot be abdicated to any parent, any expert. That heavy responsibility mandates that a court is not…