Matthew Lane & Associates, P.A.
PALM BEACH GARDENS, WEST PALM BEACH, WELLINGTON, BOCA RATON561-328-1111
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Child Custody and Visitation Archives

Child Custody and Visitation in Boca Raton, Florida

A child custody and visitation case was recently decided by the Florida Court of Appeal in a case captioned Frye v. Cuomo. In this case, the parties were married for nine-years. They had two minor children at the time of the divorce. The mother filed a Petition for Dissolution of Marriage, citing the father's history of alcohol abuse. As a condition to exercise timesharing, the trial court required the father to completely abstain from alcohol, and ordered the father to submit to blood alcohol testing at the beginning of every visitation and at the end of every visitation. The lower court also awarded the mother the authority to demand immediate and periodic testing of the father at any time, and required the Father to pay for the cost of the testing device.

Child Custody and Visitation - Parenting Plans in Florida

A Child Custody and Visitation case was recently decided by the Florida Court of Appeal in a case captioned Scudder v. Scudder. The parties were married in 2001 in India, and have three children. When the husband and wife lived in the United Arab Emirates, they entered into a marital settlement agreement. The marital settlement agreement covered some financial issues involving the children, discussed child support, and set forth a timesharing schedule. The Husband then filed for divorce in Collier County, Florida. After filing for divorce in Collier County, Florida, the Husband and the children moved to Palm Beach County. The Circuit Court in Collier County, Florida transferred the case to the Circuit Court in Palm Beach County, Florida for purposes of resolving timesharing issues pertaining to the children. The parties agreed that a social investigation could be conducted. The social investigator filed a report and recommendation with the Court.

Children's Preferences in Child Custody and Visitation cases in Florida

A Child Custody and Visitation case involving a child's custody preference was recently decided by the Florida Court of Appeal. In a case captioned Talarico v. Talarico, the mother and father had two children. The parties divorced and negotiated parenting plans. Several years later, the father sought a modification of child custody and visitation, which the trial court granted. The Florida Court of Appeals reversed the trial court's decision.

Child Custody and Visitation in Florida

A Child Custody and Visitation case captioned Booth v. Hicks was recently decided by the Florida Court of Appeals. In this case, the Mother appealed a final judgment that was rendered against her by the trial court. In this judgment, the lower court awarded the Father sole custody and parental responsibility of the parties' child. The parties' child lived primarily with the Mother. The Father petitioned the court to establish a parenting plan that awarded the Mother timesharing during the week and the Father timesharing on weekends. The Mother provided the trial court with her own parenting plan in which she sought sole parental responsibility.

CHILD CUSTODY AND VISITATION - PSYCHOLOGICAL EVALUATIONS

In child custody and visitation cases, a parent's request to the trial court to have the other parent psychologically evaluated requires a showing that: (i) the request for the evaluation is related to a matter that is in controversy, and (ii) that there is good cause for the examination.

Child Custody and Visitation in Wellington, Florida

Child Custody and Visitation in Florida was recently addressed by the Florida Court of Appeal in a case captioned Beck v. Lewis. In this case the father appealed the temporary order of the court which created a temporary timesharing schedule for the parents. The trial court granted temporary primary custody of the child to the mother. The Court of Appeal affirmed this temporary order. The temporary order terminated a prior court order that awarded temporary timesharing to the child's grandmother.

Child Custody and Visitation for Same-Sex Couples in Florida

Child Custody and Visitation for Same-Sex Couples in Florida was recently discussed by the Florida Court of Appeal in a case captioned Springer v. Springer. In Springer v. Springer a child was born to a biological mother while she was in a same-sex relationship. Her partner asked the Court to recognize a parenting plan that both parties entered into. The parties started their relationship in the State of Ohio. The Biological Mother became pregnant by a donor's sperm. The Former Partner had no biological connection to the child. The parties entered into a timesharing agreement which contained a provision that the parties were to share timesharing and parental responsibility. The parties separated after they moved to Florida. The parties did not marry and the child was not adopted by the Former Partner. The Former Partner sought time-sharing and parental responsibility of the child.

Child Custody and Visitation in Boca Raton, Florida

A Child Custody and Visitation case involving emergency intervention by the Court was recently decided by the Florida Court of Appeal in a case captioned McAbee v. McAbee. In this case the parents married in South Carolina and divorced in Virginia. They have one child. The mother alleged that the father sexually abused the child in Virginia and in Florida. The father admitted to sexually abusing the child in letters that he sent to the mother. The father also documented to having a sex addiction. The father later denied the sexual abuse and claimed that the sex addiction was a reaction to taking certain medication. The mother filed for custody in Virginia and a psychologist stated that the father was no threat to the child. The father moved to Florida and filed for divorce in Virginia. The mother also moved to Florida. The Virginia court granted the father supervised time-sharing. The mother petitioned for relief in Florida and the case was dismissed. Later on, the Virginia court gave the father graduated timesharing. The mother filed more petitions in Florida and the Florida court denied her petitions. The mother moved to South Carolina with the child. The Virginia court then awarded the father sole custody. The mother sought a protective order in South Carolina, which was denied. The mother then filed an action in Broward County, Florida. The Broward County judge found that the child had been abused. The court issued an injunction and ordered the child to have no contact with the father.

Child Custody and Visitation - Private School for Children

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 attended public school at Palmetto Middle School and Palmetto Elementary School. The parents could not agree on which middle school the children should attend. The mother preferred Palmetto Middle School and the father wanted the children to attend a private Christian school. The father stated that he was willing to pay for the cost for the children to attend the private school.

Child Custody and Visitation in West Palm Beach, Florida

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 divorce proceeding, the parents met midway between the two cities for timesharing. The parents arranged for the child to attend preschools in both cities. The Mother asked the trial court to create a parenting plan in which she had majority timesharing and the Father was given alternating weekends and holidays and weekly rotating custody during the summer. The Father asked the trial court to continue the current timesharing schedule until the child began kindergarten. The child was scheduled to begin kindergarten approximately twenty months later. After the child started kindergarten, the Father requested that he be awarded majority timesharing when the child was in school. The Father proposed that the Mother should have timesharing during alternating holidays and weekends, and for most of the summer. The court adopted the Father's proposed parenting plan.

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Palm Beach Gardens Office
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Phone: (561) 328-1111
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