Florida Family Law by Melinda Bartolini: Home

Child Custody and Visitation Orders

A "trial court may not modify visitation unless the party moving for such modification demonstrates: [340] (1) a substantial or material change in the circumstances of the parties since the entry of the custody and visitation order, and (2) that the welfare of the child will be promoted by a change in custody and visitation." Worthington v. MacGregor, 771 So. 2d 576, 577 (Fla. 4th DCA 2000).

Child's Right To Child Support

There is no question that the parents' agreement for termination of the father's parental rights and the subsequent order adopting such agreement are void and subject to challenge. See, e.g., Casbar v. Dicanio, 666 So. 2d 1028 (Fla. 4th DCA 1996) (recognizing that termination of parental rights can be accomplished only by resort to chapters 63 (adoption) and 39 (termination of parental rights) and any attempt by a parent to contract away the child's right to support is void and unenforceable as contrary to public policy); Fleming v. Brown, 581 So. 2d 202 (Fla. 5th DCA 1991).

Best Interest of the Child

"From time immemorial the controlling consideration in awarding custody has been, is, and hopefully will continue to be the welfare of the child. . . . It is the best interests of the child and not the rights of the parents that are of paramount importance."

The Right to Visitation

The right of visiting a minor child of the parties to a divorce proceeding should never be denied either parent so long as he or she conducts himself or herself, while in the presence of such children, in a manner which will not adversely affect the morals or welfare of such progeny. This right may not be conditioned on the timely payment of child support.

Injunction for Protection Against Domestic Violence

Section 741.30, Florida Statutes (2005), creates a cause of action for an injunction for protection against domestic violence. Subparagraph (1)(e) allows an injunction to be sought by "family or household members." Section 741.28(3), Florida Statutes (2005), defines "family or household members" to include a number of persons, including "persons who are presently residing together as if a family or who have resided together in the past as if a family."

The legislature has not given any guidance in Fla. Stat. ch. 741.28(3) with respect to how long persons must reside or have resided together "as if a family" in order to qualify for a domestic violence injunction

A Petition for Injunction for Protection Against Domestic Violence should include the 10 statutory factors that a judge could consider when determining whether a petitioner had reasonable cause to believe that he or she was in imminent danger of becoming a victim of domestic violence. Those included, inter alia: (1) the history between the petitioner and the respondent, including threats, harassment, stalking, and physical abuse; (2) whether the respondent had attempted to harm the petitioner or family members or individuals closely associated with the petitioner; (3) whether the respondent had threatened to conceal, kidnap, or harm the petitioner's child or children; (4) whether the respondent had intentionally injured or killed a family pet; (5) whether the respondent had used, or had threatened to use, against the petitioner any weapons such as guns or knives; (6) whether the respondent had physically restrained the petitioner from leaving

(1) Any man who shall in this state desert his wife and children, or either of them, or his wife where there are no children or child, or who shall willfully withhold from them or either of them, the means of support, or any mother, who shall desert her child or children, or who shall willfully withhold from them the means of support, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, no husband shall be prosecuted under this section for the desertion of his wife, or for withholding from his wife the means of supporting her where there is existing, at the time of such desertion or withholding, such cause or causes as are recognized as ground or grounds for dissolution of marriage, by statute, in this state, if such person shall have provided for the support of his children, if there be any..
(2) For the purposes of subsection (1), a child born out of wedlock shall be deemed to be the child of a man who has be

(1) No judgment of dissolution of marriage shall be granted unless one of the following facts appears, which shall be pleaded generally:

In an action for dissolution of marriage or for the creation, approval, or modification of a parenting plan, if the court finds it is in the best interest of the child, the court may appoint a guardian ad litem to act as next friend of the child, investigator or evaluator, not as attorney or advocate. The court in its discretion may also appoint legal counsel for a child to act as attorney or advocate; however, the guardian and the legal counsel shall not be the same person. In such actions which involve an allegation of child abuse, abandonment, or neglect as defined in s. 39.01, which allegation is verified and determined by the court to be well-founded, the court shall appoint a guardian ad litem for the child. The guardian ad litem shall be a party to any judicial proceeding from the date of the appointment until the date of discharge.

"Domestic violence" means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member

(1) The following individuals may bring proceedings in the circuit court to determine the temporary or concurrent custody of a minor child:
(a) Any extended family member who has the signed, notarized consent of the child's legal parents; or
(b) Any extended family member who is caring full time for the child in the role of a substitute parent and with whom the child is presently living.
(2) In addition to the requirements of subsection (1), an individual seeking concurrent custody must:
(a) Currently have physical custody of the child and have had physical custody of the child for at least 10 days in any 30-day period within the last 12 months; and
(b) Not have signed, written documentation from a parent which is sufficient to enable the custodian to do all of the things necessary to care for the child which are available to custodians who have an order issued under s. 751.05.

1) The court shall, upon petition filed by a grandparent of a minor child, award reasonable rights of visitation to the grandparent with respect to the child when it is in the best interest of the minor child if:
(a) The marriage of the parents of the child has been dissolved;
(b) A parent of the child has deserted the child; or
(c) The minor child was born out of wedlock and not later determined to be a child born within wedlock as provided in s. 742.091.
(2) In determining the best interest of the minor child, the court shall consider:
(a) The willingness of the grandparent or grandparents to encourage a close relationship between the child and the parent or parents.
(b) The length and quality of the prior relationship between the child and the grandparent or grandparents.
(c) The preference of the child if the child is determined to be of sufficient maturity to express a preference.
(d) The mental and physical health of the child. <

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An agency that is accessible and responsive to citizens,
provides fair and efficient tax and child support administration, and achieves the highest levels of voluntary compliance.

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The link is provided here however, the actual forms are under motions and orders to the left.

The Florida Child Support Calculator on this site will make it easier for you to understand how child support is calculated in Florida.

The chart below contains the guideline amounts that you should use when calculating child support. This amount is based on the number of children and the combined income of the parents, and it is divided between the parents in direct proportion to their income or earning capacity. From time to time, some of the amounts in the child support guidelines chart will change.

Some aspects of inmate family visitation should be modified to better meet legislative intent.

Grandparents often play a major role in the lives of Florida's children. Grandparents often love and support their grandchild as much as they are able. However, a divorce or other family disputes can make it difficult for grandparents to see their grandchildren as much as they would like. When this happens, grandparents may turn to Florida's family law courts to try and get access to the kids.

In these situations, grandparents are often surprised to learn that they have very few rights to see their grandchildren. Child custody agreements do not usually include time for grandparents. In many cases, visitation must be negotiated with the parents and is left up to their discretion.

TITLE XLIII DOMESTIC RELATIONS CHAPTER 741 MARRIAGE; DOMESTIC VIOLENCE

SCOPE AND PURPOSE
These rules, cited as ―Florida Rules of Judicial Administration‖ and abbreviated as ―Fla.
R. Jud. Admin.,‖ shall take effect at 12:01 a.m. on July 1, 1979. They shall apply to
administrative matters in all courts to which the rules are applicable by their terms. The rules shall be construed to secure the speedy and inexpensive determination of every proceeding to which they are applicable. These rules shall supersede all conflicting rules and statutes.

For adjustment of immigration status, the concept of establishing a life as marital partners contains no federal dictate about the kind of life that the partners may choose to lead. Any attempt to regulate their life styles, such as prescribing the amount of time they must spend together, or designating the manner in which either partner elects to spend his or her time, in the guise of specifying the requirements of bona fide marriage would raise serious constitutional questions. Aliens cannot be required to have more conventional or more successful marriages than citizens

There can be no doubt that restricting the freedom to marry solely because of racial classifications violates the central meaning of the Equal Protection Clause of U.S. Const. amend

Even expressions of overt hostility towards a party or counsel are no grounds for recusal unless they are motivated by an extrajudicial source or demonstrate that a fair trial is impossible

Nonmarital partners may lawfully contract concerning the ownership of property acquired during the relationship. If a man and woman who are not married live together as husband and wife under an agreement to pool their earnings and share equally in their joint accumulations, equity will protect the interests of each in such property

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