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Absent An Emergency Situation Parents Should Be Given An Opportunity To Be Heard Before Modifying Time-Sharing (Visitation/Custody)

September 18, 2015 by  
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In Wolfson v. Wolfson, The Third District Court Of Appeals reversed an order temporarily modifying time-sharing where both parents were not given the opportunity to be heard. The Court held that the Mother needed to be given the opportunity to be heard.

The Court reasoned that under Florida law, unless a party can prove modification is required by a substantial and material change in circumstances, and that the child’s best interest will be promoted by such a modification, a trial court should not disturb the child custody determinations made final by a judgment of dissolution of marriage. Generally, both parties must be given notice and an opportunity to be heard on the matter prior to any modification, unless there is an actual, demonstrated emergency situation, such as where a child is threatened with physical harm or is about to be improperly removed from the state. Even in such instances, every reasonable effort should be made to ensure both parties have an opportunity to be heard. To conduct a proper inquiry into these issues, both parties must generally be given the opportunity for a full hearing where the parties and their witnesses are given an opportunity to testify.

If you need to talk to a lawyer or attorney about modification of time-sharing, custody, visitation,  or parental responsibility please contact our office to arrange a consultation on (786)539-4935

A Court Must Generally Leave Open An Avenue For A Parent To Resume Parenting And Time-Sharing With The Child(ren) Even If It Awards Sole Parental Responsibility And Denies Time-Sharing

September 3, 2015 by  
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In Niekamp v. Niekamp, the Second District Court of Appeals ruled that the trial court erred in determining that it was in children’s best interests to deny a father  contact with children  without setting forth a schedule or benchmarks for reestablishing father’s parenting of the children in the future.  Consistent with its prior rulings and the general concepts of Florida Family Law the Court held that while it is sometimes appropriate to restrict a parents contact and access with their child(ren) in a divorce case the restricted parent should be given a key or avenue to reconnect with the child in the future setting forth the specific steps that the parent must take so that a parent and any successor judge knows what is expected of the parent.

If you need to talk to a lawyer or attorney about  time-sharing, custody, visitation,  or parental responsibility please contact our office to arrange a consultation on (786)539-4935

What Does Florida Require Of Parents In A Divorce In Relation to Child Parenting Conduct?

August 4, 2015 by  
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In a divorce situation, the parents are meant to conduct themselves and their activities in a way that will promote the welfare and best interests of the child(ren). It is the public policy of Florida that each child has frequent and continuing contact with both parents after the parents separate or a marriage is dissolved. It is also the public policy of Florida to encourage parents to share the rights and responsibilities, and joys, of child-rearing. There is no presumption for or against a parent based on parent’s gender.

Each parent has an affirmative duty to promote a positive relationship between the child(ren) and the other parent. Both parents must attempt to ensure that the children have unhampered contact and free access with both parents.

Neither parent may do anything to hamper the natural development of the child(ren)’s love and respect for the other parent. A parent should not disparage the other parent or discuss the divorce in a child presence. Each parent must make efforts to encourage and facilitate communication between the other parent and the child(ren). Neither parent should do anything that would estrange the children from the other parent or that would damage a child’s opinion of either parent.  A parent in the process of a separation or divorce should try as hard as possible to overcome any of their own emotions as best they can to protect the emotional and psychological well being of the child(ren).

Disclaimer: The Law Offices of Robert Hanreck, P.A. is based in Miami , Florida and serves clients throughout the State including Miami-Dade and Broward counties. We are licensed to practice law in the State of Florida. This website is intended for informational purposes only and is not meant to constitute legal advice, or solicit clients outside of the State of Florida.