Purpose of the UCCJEA – Home State The UCCJEA – is based upon the home state – where the children were residing for 6 months prior to the filing of the petition. Purpose of the UCCJEA: to avoid jurisdictional competition and conflict with courts of other states in matters of child custody.” Section 61.502 (1)....Continue Reading

Wrongful Conduct of the Custodial Parent A recent case worth reading about…. JOAN B. GINNELL, Appellant, v. BRIAN ROBERT PACETTI, II, 35 Fla. L. Weekly D504a Dissolution of marriage — Modification — Time-sharing plan — Contempt — Trial court properly entered order holding former wife in contempt for violating order on time-sharing and modifying time-sharing...Continue Reading

What if the mother takes the child out of the state, without the other parent knowing where they went to? Ft. Lauderdale Family Law Attorney Q: What if the mother takes the child out of the state, without the other parent knowing where they went to? A: There are protections in the form of the...Continue Reading

What if things are so bad-do I have the right to get a restraining order, immediately. Q.: What if things are so bad-do I have the right to get a restraining order, immediately. A: You cannot just seek a restraining order-against the other parent-claiming they should not have contact with the child. Fort Lauderdale Domestic...Continue Reading

What is the standard for Child custody awards that are Temporary custody to maternal grandparents Q: What is the standard for Child custody awards that are Temporary custody to maternal grandparents: must apply clear and convincing standard required. (best interests standard IS incorrect standard) A: The Court must use the applicable clear and convincing standard,...Continue Reading

New law terms: “Custody” no longer exists The terms we all knew and understood were eliminated and replaced by new terms and provisions. Effective October 1, 2008, there would no longer be custodial parents, primary residential parents, noncustodial parents or secondary residential parents. The rights and obligations of all parents in the State of Florida...Continue Reading

  Custody order from Caribbean Court – is effective here? Q.: Custody order from Caribbean Court-is effective here? – Is the order or divorce, I got from another state, or islands in the Caribbean, effective in Florida? A.: did you know! foreign judgments are enforced in Florida. Enforcement and registration of foreign judgments is available...Continue Reading

Custody – What happened to the term “custody”? Q.: Custody – What happened to the term “custody”? A.: Did you know! – law became effective October 2009, new Florida statutes: Amended new statutes removed concepts of “custody,” [and other concepts including “primary residential parent,” “visitation,” and similar terms from statutes and instead requires: Fort Lauderdale...Continue Reading

What if the judge says some things, not directed at the point of our hearing? Q.: What if the judge says some things, not directed at the point of our hearing? [Just some comments-made by the judge] A.: Statements made during the course of the hearing, by a judge, which are not necessary to the...Continue Reading

What do I do if I can’t understand what my court order says? Q.: What do I do if I can’t understand what my court order says? A.: Reading orders of court (confusing court orders-not so confusing if you read them). If you read an order of the court, and cannot understand what it means,...Continue Reading