Matthew Lane & Associates, P.A.
PALM BEACH GARDENS, WEST PALM BEACH, WELLINGTON, BOCA RATON561-328-1111
In light of COVID-19, Matthew Lane & Associates will be able to meet with new clients via teleconference. To discuss your options, please call the office. Thank you!

Child Custody and Visitation Archives

Child Custody and Visitation in Boynton Beach, FL

In a child custody and visitation case, a court of this state may not exercise its jurisdiction if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state which obtained jurisdiction under requirements that are substantially in conformity with the jurisdictional requirements of the UCCJEA. In Billie v. Stier the Florida Court of Appeal recently stated: "Under the UCCJEA the Miccosukee Tribe is treated as a state in the United States. Section 61.519, Florida Statutes (2012), covers situations where there are simultaneous custody proceedings in this state and in another state. That statute provides that 'a court of this state may not exercise its jurisdiction under ss. 61.514-61.524 if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child had been commenced in a court of another state having jurisdiction substantially in conformity with this part.' § 61.519(1), Fla. Stat. (emphasis added). 

Child Custody and Visitation in Jupiter, Florida

In a child custody and visitation case, a court is not bound by an agreement of parents regarding child support, custody, or visitation. In Puglisi v. Puglisi, 39 Fla. L. Weekly D725 (Fla. 5th DCA April 17 2014) the Florida Court of Appeal recently stated: "It is well recognized that '[a] court is not bound by an agreement of parents regarding child support, custody, or visitation.' Trang NgoanLev. Tung Phuong Nguyen, 98 So. 3d 600, 601 (Fla. 5th DCA 2012); see also Lane v. Lane, 599 So. 2d 218, 219 (Fla. 4th DCA 1992) ('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 bound by any agreement between parents, nor by the opinions of any expert or group of experts.'). The 'best interests' of the child takes predominance over any agreement between the parents and must be independently determined by the trial court. See Feliciano v. Feliciano, 674 So. 2d937 (Fla. 4th DCA 1996) (confirming that trial court is not bound by agreement regarding child support, custody and visitation where it determines that is not in best interests of children); Jones v. Jones, 674 So. 2d 770, 774 (Fla. 5th DCA 1996) (reiterating that 'best interests of the children are to govern custody decision, regardless of any stipulation between the parties')... 

Child Custody and Visitation in North Palm Beach, FL

In a child custody and visitation case, it is the public policy of this state that each minor child has frequent and continuing contact with both parents after the marriage, and the privilege of visiting children should never be denied either parent as long as parents conducts themselves, while in the presence of such children, in a manner which will not adversely affect the morals or welfare of the children. Additionally, when a court exercises its discretion to restrict or deny visitation, it must clearly set forth the steps the parent must take in order to reestablish time-sharing with the children. 

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). 

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 ").... 

Child Custody and Visitation in Boynton Beach, 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. "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")

Modification of Child Custody And Visitation in Jupiter, Florida

In a modification of child custody and visitation proceeding, a parent's consent to extra visitation is not a basis for a modification. In Brown v. Brown the Florida Court of Appeal recently stated: "[T]he former wife, appeals a final judgment which modifies a previously entered judgment of dissolution. Because there was no showing of a substantial and material change in circumstances, we reverse. The parties' agreement as to child custody and support, among other things, was adopted by the trial court in its final judgment of dissolution. Thereafter, the former husband moved to modify that part of the judgment pertaining to custody and child support.

Child Custody and Visitation in West Palm Beach, FL

In a child custody and visitation proceeding, a guardian ad litem may not examine witnesses in depositions and in trials. In Millen v. Millen, the Florida Court of Appeal recently stated: "The Millens married on September 11, 2003, in London, England. They later returned to the United States and resided in Florida. By June of 2010, the marriage had begun to unravel. The husband filed for divorce on September 9, 2010. The dissolution of marriage trial commenced July 16, 2012. The guardian ad litem, a psychologist appointed to represent the parties' minor child, requested the trial court's permission to ask witnesses questions at trial.

Child Custody and Visitation Palm Beach Gardens

In a child custody and visitation matter, a party seeking a stay pending appeal must demonstrate a likelihood of prevailing on appeal, irreparable harm to the movant if the motion is not granted, or a showing that a stay would be in the public interest. In Lampert-Sacher v. Sacher, the Florida Court of Appeal recently stated that: "Appellant Maxine Lampert-Sacher has appealed a supplemental final judgment regarding time sharing entered in response to the second amended supplemental petition for modification filed by Mark Sacher, her former husband and appellee. Appellant's motion for stay pending appeal was denied by the trial court. Appellant now files an emergency motion for stay in this court. We treat appellant's motion as one seeking review of the trial court's denial of a stay pursuant to rule 9.310(f), Florida Rules of Appellate Procedure... 

Fifty-fifty Division of Time in Florida

Child Custody & Visitation - Fifty-fifty Division of Time in Florida There is no presumption for a time-sharing schedule calling for a fifty-fifty division of time. "Florida Statutes, to now state: 'There is no presumption...for or against any specific time-sharing schedule when creating or modifying the parenting plan of the child.' Ch. 2009-180, § 3, at 1853, Laws of Fla. (emphasis added). Thus, there is no presumption under current Florida law for or against any particular time sharing schedule, including one calling for a fifty-fifty division of time. Instead, the sole requirement is that the time-sharing schedule must be set in accordance with 'the best interests of the child. ' See §61.13(3),Fla. Stat. (2010)." Schwieterman v. Schwieterman

Request Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us For A Response

Palm Beach Gardens Office
The Financial Center at the Gardens
3801 PGA Boulevard
Suite 600
Palm Beach Gardens, Florida 33410

Toll Free: 800-411-3434
Phone: 407-917-5005
Phone: (561) 328-1111
Fax: (561) 472-1568
Map & Directions

Wellington Office
Wellington Reserve
1035 South State Road 7
Suite 315
Wellington, Florida 33414

Toll Free: 800-411-3434
Phone: 407-917-5005
Fax: (561) 472-1568
Map & Directions

West Palm Beach Office
Phillips Point
777 South Flagler Drive
Suite 800
West Palm Beach, Florida 33401

Toll Free: 800-411-3434
Phone: 407-917-5005
Fax: (561) 472-1568
Map & Directions

Boca Raton Office
One Boca Place
2255 Glades Road
Suite 324A
Boca Raton, Florida 33431

Toll Free: 800-411-3434
Phone: 407-917-5005
Fax: (561) 472-1568
Map & Directions