Matthew Lane & Associates, P.A.
PALM BEACH GARDENS, WEST PALM BEACH, WELLINGTON, BOCA RATON561-328-1111

Posts tagged "Child Custody and Visitation; Singer Island"

Child Custody and Visitation in Singer Island, Florida

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 Appeal recently stated: "...We conclude that in ruling, without giving the Father an opportunity to present evidence, the trial court abused its discretion and violated the Father's right to procedural due process. 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. Henderson v. Lyons, 93 So. 3d 399 (Fla. 2d DCA 2012); see also Douglas v. Johnson, 65 So. 3d 605 (Fla. 2d DCA 2011); Smith v. Smith, 964 So. 2d 217 (Fla. 2d DCA 2007); Baron v. Baron, 941 So. 2d 1233 (Fla. 2d DCA 2006); Pettry v. Pettry, 706 So. 2d 107 (Fla. 5th DCA 1998). 

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