This question was answered in an opinion released by the 1st District on November 1, 2011.  The case is Cheek v. Hesik.  The facts were unfortunately consistent with many post judgment contentious family litigations and we will discuss them in just a moment.

Interested in discussing your case with a Palm Beach Gardens Family Law Attorney?  Contemplating divorce and need legal advice?  Just give our office a call at (561)472-0919 or complete a form by clicking "Consultation Request" and we'll schedule a time for you to meet with a Family Law Attorney for free.   

In the Cheek case, the parties divorced in Illinois in March 2007.  The former wife was granted the majority of the time with the child and mother and child subsequently relocated to Florida.  The Father consistently filed motions for contempt due to the Mother's failure to follow the timesharing (custody) schedule.  

A child moving from Florida to another state might result in involving the new state in child support and/or custody issues that developed after the move. One consideration that such an occurrence can raise is the extent to which the Florida court which initially addressed the custody and/or support issues retains authority over child-related disputes.

Interested in knowing your rights and obligations in a family law proceeding? Schedule a consultation and you'll be able to meet with a Palm Beach Family Law Attorney.  To do so, just call our office at (561)472-0919 or click on "Family Law Consultation" and complete a consultation request form.

The mother challenging a Florida trial court essentially relinquishing all jurisdiction over her daughter to the state in which the daughter was living with her father brought the family law dispute in K.I. v. Department of Children and Families before the Florida 4th DCA (appeals court.) The appeals court covers Palm Beach County and issued its opinion in this matter on October 5, 2011.

A court will grant a parent’s request for permission to relocate a significant distance with a child if doing so meets the child’s best interests. Such an order must also ensure that the other parent is allowed appropriate contact with the relocating child.

Interested in knowing your rights and obligations in a family law proceeding?  Schedule a consultation and you'll be able to meet with a Palm Beach Family Law.  To do so, just call our office at (561)472-0919 or click on "Palm Beach Gardens Family Law Attorney Consultation" and complete a consultation request form.

Mr. Kish asking that the Florida 5th DCA (appeals court)  review the trial court’s grant of Ms. Kish’s request to relocate with their children brought the divorce-related proceedings in Kish v. Kish before the appeals court. The appeals court issued its decision on October 7, 2011.

The law allows initiating legal proceedings to determine paternity and the related rights and responsibilities. However, the extent of the interest in a particular state in determining paternity plays a role in determining the proper venue for a paternity proceeding.

Interested in knowing your rights and obligations in a paternity proceeding? Schedule a consultation and you'll be able to meet with a Palm Beach Gardens Paternity Lawyer.  To do so, just call our office at (561)472-0919 or click on "Paternity Consultation" and complete a consultation request form.

Determining the amount of time that a child spends with each parent and related matters can create issues that require additional legal proceedings regarding divorce-related child custody concerns. Which school the child attends is an example of such a controversy.

Interested in knowing your rights and obligations in a family law proceeding?  Schedule a consultation and you'll be able to meet with a Palm Beach Gardens Family Law Attorney.  To do so, just call our office at (561)472-0919 or click on  "Palm Beach Gardens Divorce Lawyer" Palm Beach Family Law Attorney Form and complete a contact form.

The former wife challenging a trial court’s decision to require that her son split his school year between two different schools brought this issue before the Florida 2d DCA (appeals court) in the divorce case of Otto-Jones v. Jones.

A clear "Yes."  Because protecting the best interests of a child trumps granting each parent as much contact as possible with a child, a properly documented claim that a parent has abused a child in any way or presents a risk of abuse can result in that parent losing all or part of his or her parental rights.

Interested in knowing your rights and obligations in a family law proceeding?  Schedule a consultation and you'll be able to meet with a Palm Beach Gardens Family Law Attorney.  To do so, just call our office at (561)472-0919 or click on "Palm Beach Gardens Domestic Violence Attorney" and complete a contact form.

A father’s challenge to a mother successfully obtaining a protective order that temporarily granted her sole custody of their child in Barker v. Rodriguez led to the Florida 4th DCA (appeals court), which covers Palm Beach County, considering the merits of the father’s arguments in that case. 

Although mediation is a favored and efficient means for resolving numerous legal disputes in divorce proceedings and many other types of controversies, it has its limits. The important issues of child support and child custody are examples of matters that receive enhanced court scrutiny.

Interested in knowing your rights and obligations in a family law proceeding?  Schedule a consultation and you'll be able to meet with a Palm Beach Family Law Attorney.  To do so, just call our office at (561)472-0919 or click on "Palm Beach Family Law Attorney Contact Form" and complete a contact form.

The enforceability of a mediation agreement that was issued in the course of the divorce proceedings in Comstock v. Comstock required that the Florida 4th DCA (appeals court), which covers Palm Beach County, review the trial court’s decision to enforce that agreement. 

This question was recently answered by the 1st DCA, a persuasive but not controlling court opinion over the 4th DCA and where we practice in Palm Beach County.  

Interested in knowing your rights and obligations in a family law proceeding?  Schedule a consultation and you'll be able to meet with a Palm Beach Family Law Attorney.  To do so, just call our office at (561)472-0919 or click on Palm Beach Family Law Attorney Form and complete a contact form.    

In Ragle v. Ragle, the facts were as follows.  The children resided the majority of hte time with the father.  The parties settled an earlier portion of their case.  In that settlement, the parties agreed that the children would reside the majority of the time with the father and the minority of the time with the mother.  The father was additionally required to stay in the marital home and the children were to continue in the same school system.  

Can I modify custody if I haven't done what the judge ordered? 

Maybe.  You can generally modify a timesharing or custody order if there has been a substantial, unanticipated, permanent change in circumstances and such a change is in the best interests of the child.  An important point to consider is that the determination of what is in the child's best interests is made at the time of the order.  There are a number of reversed family cases in which a judge provided for a change in the timesharing order  upon the happening of certain events, such as the child reaching a certain age.  Such an order is generally improper because there is no way for us pro accurately forecast what will be in the child's best interest at sometime in the future.

Why?  Because stuff happens.  Unexpected stuff.  A parent who appears to be parent of the year today may have substance abuse issues in two years.  A parent in jail today may be the engaged, supportive parent six months later.  It's impossible to predict the outcome to the extent that we can't rely for custody determinations.  The beauty of it is that we don't need to.  Whenever the conditions change in the future, the parties may petition the court to review the case. 

Does the judge have to let me present witnesses in a custody hearing?

Yes.  The rule is as follows.  Section 61.518, Florida Statutes (2010), provides that “[b]efore a child custody determination is made under this part, notice and an opportunity to be heard . . . must be given to all persons entitled to notice.” When a court fails to give one party the opportunity to present witnesses or testify on his or her own behalf, the court has violated that party's fundamental right to procedural due process. L.C. v. A.M.C., 36 Fla. L. Weekly D989 (Fla. 2d DCA May 11, 2011) (addressing a domestic violence injunction); Smith, 964 So. 2d at 219 (addressing a domestic violence injunction); Smith v. Crider, 932 So. 2d 393, 398 (Fla. 2d DCA 2006) (addressing a temporary custody modification).

Interested in scheduling a consutation with a Palm Beach Family Law Attorney?  Just call (561)472-0919 and we will schedule a convenient time for you to speak with one of our experienced family law attorneys.