Modification of Time-Sharing is one of the most demanding proceedings in Florida family law. It requires requires proof of a substantial and material change in circumstances and a determination that modification is in the best interests of the child under Florida Statutes section 61.13. The...
Introduction to Temporary Relocation Hearings in Miami A temporary relocation hearing in Miami arises when one parent seeks court approval to relocate a child more than 50 miles from their current residence for at least 60 consecutive days, pending a final evidentiary hearing. Temporary relocation hearings...
Many parents entering a divorce or paternity case ask the same question: do Florida courts favor mothers in child custody cases? The concern is particularly common among fathers who fear that the court system will automatically prefer the mother when determining time-sharing and parental responsibility....
A common belief among new fathers in Miami-Dade and Broward County is that putting a name on a hospital birth certificate is the moment a man legally becomes a father. Under Florida law, that intuition is half right and half wrong. The reality of signing...
The intersection of remote work and child relocation in Florida has become increasingly significant in modern family law litigation. As remote employment opportunities expand, courts must evaluate whether a parent’s ability to work from home undermines the necessity of relocating a child. Under section 61.13001,...
The question of whether police can enforce a parenting plan in Florida arises frequently in high conflict custody disputes throughout Miami and across the state. The short answer is nuanced. While Florida law recognizes parenting plans as binding court orders, routine enforcement of time sharing...
The issue of moving out of the marital home and its interplay with child custody in Florida is a question frequently raised during the early stages of divorce and separation. In Miami and throughout Florida, parents often worry that leaving the marital residence may harm...
The question of whether a parent may refuse timesharing in Florida based on a child’s wishes arises frequently in Miami family law disputes. Many parents believe that an older child’s resistance to visitation allows unilateral suspension of the parenting plan. Florida law does not support...
The burden of proof in parenting plan modifications in Florida is intentionally high and reflects the state’s strong policy favoring stability for children. Under section 61.13, Florida Statutes, a parent seeking to modify an existing parenting plan must establish that a substantial and material change...