Matthew Lane & Associates, P.A.

Posts tagged "Child Custody and Visitation Attorney; Jupiter"

Child Custody and Visitation in Jupiter, Florida

In awarding child custody and visitation, the court order must make a finding of fact as to the best interest of the children. In Julia v. Julia, the Florida Court of Appeal recently stated: "Appellant Martha Julia ("the Wife") appeals the final judgment of support and the final judgment of dissolution of marriage related to her second marriage to Appellee Juan Carlos Julia ("the Husband"). The Wife argues that the trial court's judgments must be reversed in light of violations of her right to due process. We agree. Furthermore, we find six additional shortcomings with respect to the trial court's decisions that must be addressed on remand. Accordingly, we reverse the final judgments for reasons stated below and remand for further proceedings...First, in awarding the four children exclusive use and possession of the marital home, with the parents rotating in at two week intervals, the trial court's decision made no mention of "the best interests of the children" with respect to this ruling. This is a required factor for the court to consider when determining parental responsibility and distribution of assets. See §§ 61.075(1)(h), 61.13(2)(c), Fla. Stat. (2013). 

Child custody and visitation in Jupiter, Florida

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 court erred in accepting and adopting a time ­sharing schedule that did not address holiday time-sharing. It is undisputed that the Former Husband failed to raise this issue in his exceptions to the magistrate's report. Nonetheless, if the errors in the magistrate's report are clear on its face, the trial court errs in adopting the report. See Torres v. Torres, 98 So. 3d 1171, 1171-72 (Fla. 2d DCA 2011).

Child Custody and Visitation in Jupiter, Florida

In a recent child custody and visitation case, the Court denied visitation in a country that is not a signatory to the Hague Convention. In Matura v. Griffith, the Florida Court of Appeal stated: "Vidyawattie Matura ("the mother") appeals from a final judgment dissolving her marriage to Andrew Griffith ("the father"). The only issue on appeal is the trial court's decision to allow the father to have visitation with the parties' two sons in Jamaica, a non-signatory to the Hague Convention of the Civil Aspects of International Child Abduction ("Hague Convention ").... 

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