Children's Issues Flashcards

Question

Can the court order a time-sharing plan which states that, if the 10 year old child “desires to spend less time with Former Wife, then he shall be allowed to do so?

Answer 1

No, impermissible delegation of decision-making authority to minor child.

Answer 2

Nope - improper delegation of decision making authority to a third party.

Answer 3

Nope - improper delegation of authority.

Answer 4

Court attempted a fancy TS schedule phasing Dad into kid's lives but left it up to therapist as to when phase 2 and 3 begin. Court also said mom can replace therapist anytime - which is in improper delegation of authority Last, and most concerning, court never defined WHEN dad would get or would ever get overnight timesharing. SIMILIAR TO BARRACK CASE IN 2021

Answer 5

The 4th DCA reversed trial court order which delegated the issue of reestablishment of Father’s resumed time-sharing with the minor children to Mother and her selected therapists SIMLIAR TO MUNOZ 2017 CASE

Answer 6

Under Florida Statutes, GALs may make recommendations and reports to the court, but such recommendations and reports are not binding on the parties. Courts may not delegate their statutory authority to determine visitation to GALs, attorneys, or experts

Answer 7

Yes - although there may be circumstances in which a parenting coordinator can appropriately assist a trial court in carrying out the court’s responsibilities, it is never appropriate for a parenting coordinator to act as a fact-finder or otherwise perform judicial functions

Answer 8

Yes - court can order you to mediate ts issues but it can't confer authority to mediator to resolve the issue.

Answer 9

No - this is error bc the Court effectively and improperly delegated the court’s authority to the investigator.

Answer 10

Rebuttable presumption the equal TS is in BIC - and must prove by preponderance of evidence that equal TS is not in best interest

Answer 11

61.13(2)(d)(3) BEST INTEREST

Answer 12

61.13(2)(d)(3) - substantial, material, change in circumstances AND a determination that the modification is in the best interests of the child.

Answer 13

Unless TS is agreed upon by parties THE COURR MUST EVALUATE ALL FACTORS NOW

Answer 14

61.046(17) “Shared parental responsibility means a court-ordered relationship in which both parents retain full parental rights and responsibilities with respect to their child and in which both parents confer with each other so that major decisions affecting the welfare of the child will be determined jointly.”

Answer 15

If the parents reach an impasse, the dispute should be presented to the court for resolution. In that event, the court must resolve the impasse applying the best interests of the child test.

Answer 16

The parties are to confer on such matters and reach agreement thereon. If the parties reach an impasse, then the dispute is presented to the court for resolution. The test to be applied is the best interests of the child. See § 61.13(2)(b)(1)

Answer 17

61.13(2)(c)(2) The court shall order that the parental responsibility for a minor child be shared by both parents UNLESS the court finds that shared parental responsibility would be detrimental to the child

Answer 18

61.13(2)(c)(2) Evidence that a parent has been convicted of a misdemeanor of the first degree or higher involving domestic violence, as defined in s. 741.28 and chapter 775, or meets the criteria of 39.806(1)(d), creates a rebuttable presumption of detriment to the child.

Answer 19

If the presumption is not rebutted after the convicted parent is advised by the court that the presumption exists, shared parental responsibility, including time-sharing with the child, and decisions made regarding the child, may not be granted to the convicted parent.

Answer 20

61.13(2)(c)(2) It may order sole parental responsibility and make such arrangements for time-sharing as specified in the parenting plan as will best protect the child or abused spouse from further harm

Answer 21

61.13(2)(c)(2) No -

Answer 22

Yes - must have that specific finding. 61.13(2)(c)(2)

Answer 23

61.046(18) – “Sole parental responsibility” means a court-ordered relationship in which one parent makes decisions regarding the minor child.

Answer 24

Only when court finds that shared parental responsibility would be detrimental to the child

Answer 25

Award Dad sole parental responsibility. The record supports the conclusion that Mother illegitimately used every tactic available to a parent who is legitimately concerned about the safety of her children in an effort to gain a tactical advantage in this custody case.”

Answer 26

Yes, with respect to medical and educational aspects of the child.

Answer 27

Husband failed to preserve the issue via a motion for rehearing and did not argue fundamental error on appeal

Answer 28

It has been found to be contrary to Florida Statutes § 61.13(2)(b)2.b which provided that a court may order sole parental responsibility, with or without visitation rights, to the other parent when it is in the best interest of the minor child.

Answer 29

No, unless adultery has a negative effect on the children

Answer 30

Appellate courts have found that awarding sole parental responsibility when it had not requested such relief in his pleadings or at trial to be error

Answer 31

Court cannot go beyond a party's pleading and cannot do so without finding that shared parental would be detrimental

Answer 32

Mother’s due process rights were violated when trial court granted relief not requested in pleadings

Answer 33

61.13(2)(c)(2)(a) Yes - In ordering shared parental responsibility, the court may consider the expressed desires of the parents and may grant to one party the ultimate responsibility over specific aspects of the child’s welfare or may divide those responsibilities between the parties based on the best interests of the child. Areas of responsibility may include education, health care, and any other responsibilities that the court finds unique to a particular family

Answer 34

Ultimate responsibility still requires the parents to confer and cooperate and attempt to reach a joint decision and the later requires no such communication. With ultimate responsibility, if a joint decision cannot be reached, one parent has the “final word.” In sole parental responsibility, the parent does not need to make the effort to attempt to reach a joint decision

Answer 35

The trial court ordered that parental responsibility would be shared between the parties. However, the order allowed Former Wife to make the ultimate decision on any issue on which the parents do not agree. REVERSED bc this broad grant of ultimate decision-making authority was essentially sole parental responsibility and reversed the decision. Granting one parent “tie-breaking” authority is tantamount to awarding sole parental responsibility. A trial court may not grant one parent sole parental responsibility without making a specific finding that shared parental responsibility would be detrimental to the child

Answer 36

A continuing pattern of hostility that reasonably would lead one to conclude that the parties would be unable to effectively work together for their child's best interests.

Answer 37

Court should not interfere with either parent’s free exercises of his/her religious beliefs or the exposure of their beliefs to the children unless there is a clear, affirmative showing of harm to the children.

Answer 38

Yes - 4th DCA held this provision undermined the intent of shared parental responsibility by failing to delineate over which specific aspects of the child’s welfare Mother should have ultimate responsibility.

Answer 39

No - has to order ultimate over specific area

Answer 40

NO - The court must specifically identify specific areas over which one parent will have final decision-making authority

Answer 41

Granting ultimate over all major issues conflicts with award of shared.

Answer 42

It did not in the 5th - 5th DCA held that it was an abuse of discretion and reversed because it impermissibly transforms its award of shared parenting into sole parenting to Former Wife, where there was no evidence in the record to support an award of sole parental responsibility. The court noted, however, that “the record might support a more limited award of ultimate responsibility on remand.” “A blanket, nonspecific award of ‘ultimate responsibility’ is contrary to the statutory concept of parental responsibility

Answer 43

Competent substantial evidence as to granting of ultimate of specific area

Answer 44

Yes - bc mom is preventing shared parental responsibility.

Answer 45

The 5th DCA affirmed the trial court awarding ultimate decision-making to Father. The DCA reasoned that it was apparent from the findings in the final judgment that significant conflicts existed between the parties regarding parenting and that ultimate decision-making was in the best interest of the child. A specific finding included that Father was more likely to foster a better relationship with the other parent. Failure to include an express finding of detriment to the child in the final judgment is not error when the determination is consistent with many of the findings made in the final judgment.

Answer 46

Yes. 4th DCA reversed a portion of the final judgment of dissolution of marriage finding the trial court erred in awarding Former Wife ultimate decision making authority over the child’s extracurricular activities, health care, and education when she only plead for ultimate decision making authority over the child’s extracurricular activities

Answer 47

61.13(3)(a)-(t) lists factors which the trial court shall consider in determining the best interests of the child for the purposes of creating a parenting plan. Although there is no statutory requirement that a trial court engage in a discussion as to each of the factors, a discussion of the relevant factors can be helpful in determining whether the trial court’s judgment is supported by competent, substantial evidence.

Answer 48

61.046(23) “Time-sharing schedule” means a timetable that must be included in the parenting plan that specifies the time, including overnights and holidays, that a minor child will spend with each parent. The time-sharing schedule shall be: -created and agreed upon by parties -established by court

Answer 49

Must go through each statutory factor now

Answer 50

Trial court was reversed for failure to include requisite findings in its final judgment why it denied the Former Wife holiday time-sharing.

Answer 51

Lonsdale v Elbanna case 2nd DCA 2021 Because the modification order failed to state any substantial, material, and unanticipated change in circumstances after entry of the injunction order, or that modifying the injunction order would be in the child’s best interests, the modification order was reversed

Answer 52

After examining the best interest factors, the trial court ordered a long distance parenting plan with frequent travel that would encourage a continuing relationship with Father who lived in Belgium, expose the minor child to his paternal family members and Belgian culture, and not disrupt the school or routine of the child. The 4th DCA reversed the time-sharing plan in total as it found that the trial court erred in establishing a time-sharing schedule which relied on extensive international travel without considering the parties’ financial ability to afford such travel

Answer 53

Can enforce the sanction provision since it did not impact the best interest of the child but it could not enforce the no international travel provision since that would not be in best interest of child. -The best interest of the child takes predominance over any agreement between the parents.

Answer 54

No- court may not engage in “prospective-based analysis” of a child’s best interests in the future. “Courts must determine a child’s best interests based on circumstances that exist at the final hearing

Answer 55

Jennings v. Fredes, Fla. 1st DCA 2021 This is prospective based analysis. award of time-sharing based on Father’s potential relocation in the future rather than what is in the best interest of the child was a prospective-based analysis and therefore, reversible error

Answer 56

T.A. v. A.S., (Fla. 2d DCA 2022) - such a time-sharing schedule was prospective-based and therefore, impermissible as it precluded a judicial review of the best interests of the child. In reversing the ruling, the 2nd DCA noted that Father retains the right to petition the court for a modification at any time

Answer 57

trial court erred when it ordered a time-sharing schedule which would change in the future based solely on the anticipated future event of the child beginning Kindergarten because the lower court engaged in a prohibited prospective-based analysis.

Answer 58

No - such provisions are not enforceable.

Answer 59

Because the issue of time-sharing “is integrally related to other issues concerning the parties’ minor children” a final judgment was not a final, appealable order until a parenting plan was established for all of the parties’ children

Answer 60

2008 custody was replaced with parenting plan and timesharing and neither primary residential parent

Answer 61

To safeguard meaningful familial relationships.

Answer 62

When it is necessary to protect the welfare of the child - the privilege of timesharing should never be denied either parent so long as he or she conducts themselves, while in the presence of such children, in a manner which will not adversely affect the morals or welfare of the kids.

Answer 63

The 4th DCA held that the trial court did not abuse its discretion in limiting Former Husband’s time-sharing to “Wednesdays from 4:00 p.m. until 7:00 p.m. and every other weekend from Saturday at 9:00 a.m. until Sunday at 11:00 a.m.

Answer 64

Court must make findings supported by evidence to establish that denying his time-sharing was necessary to protect the child’s welfare. Also, it is error for the trial court to award this relief when it was never requested it.

Answer 65

No way - court cannot only restrict time when it is necessary to protect welfare of child.

Answer 66

While a trial court has the discretion to limit or restrict a parent’s time-sharing when necessary to protect the welfare of a child, an order requiring a parent’s time-sharing to be supervised will be reversed if there are no factual findings as to its necessity or evidence in the record to support the restriction. E.M. v. E.G., 343 So. 3d 631 (Fla. 2d DCA 2022)

Answer 67

In any proceeding involving a PP - court can order patent to not leave with kid or order a bond if competent substantial evidence to demonstrate one party is a risk of removing kid or concealing whereabouts

Answer 68

The court may condition time-sharing on the posting of a bond. However, the court must consider the party’s financial resources and the bond must be reasonable.

Answer 69

presumption of detriment to the children due to convictions of misdemeanor battery involving domestic violence 61.13(2)(c)2 Court must consider difficulties that Mother would face due to Jamaica’s status as a non-Hague Convention country

Answer 70

Trial court must make specific findings relating to the frequency, nature, and severity of the violence as well as details concerning what role family members and friends played in the alleged behaviors prior to imposing such a severe limitation on Father’s time with his child.

Answer 71

Only if supported by an affirmative showing that the misconduct will have an adverse effect on the child

Answer 72

Yes - the restriction is necessary to protect the welfare of the children

Answer 73

No - need competent substantial evidence to demonstrate the restriction is necessary to protect welfare of children.

Answer 74

C.N. v. I.G.C., 316 So. 3d 287 (Fla. 2021) ** NO SUCH REQUIREMENT IS NECESSARY NOW. This was previously a split among the circuits but FL Supreme Court certified the conflict and resolved. See also Spaulding v. Spaulding, 326 So. 3d 186 (Fla. 1st DCA 2021) & Piccinini v. Waxer, 321 So. 3d 943 (Fla. 5th DCA 2021)

Answer 75

C.N. v. I.G.C., 316 So. 3d 287 (Fla. 2021) ** (1) chapter 61 does not expressly impose a concrete steps requirement. (2) court does not err for finally modifying a preexisting parenting plan without giving a parent concrete steps to restore any lost time-sharing. (3) 61.13(3) sets forth its own specific requirements for modifying parenting plans, including time-sharing schedules.

Answer 76

Trial court ordered Former Husband’s time-sharing to be supervised without providing a roadmap to achieve unsupervised time-sharing. The 2nd DCA affirmed based on C.N. v. I.G.C., 316 So. 3d 287 (Fla. 2021), finding that a final judgment modifying a preexisting parenting plan is not required to give a parent "concrete steps" to restore lost time-sharing and return to the pre-modification status quo.

Answer 77

Trial court entered an amended final judgment ordering Father’s time-sharing with his son supervised. The final judgment did not specify the steps necessary to obtain unsupervised time-sharing. Father appealed. The 5th DCA affirmed based on C.N. v. I.G.C., 316 So. 3d 287 (Fla. 2021).

Answer 78

The trial court found that Father sexually abused his young child and thus, awarded sole parental responsibility and all time-sharing for the child to Mother. Further, no pathway to reunification was provided to Father in the trial court’s ruling. The 1st DCA upheld the trial court’s refusal to provide Father with a path to reunification, stating there is no such requirement that a trial court must give a parent concrete steps to restore lost time-sharing when time-sharing is suspended.

Answer 79

No - 61.14(4)(a)

Answer 80

When a parent refuses to honor the other parent’s rights under the time-sharing schedule, the parent whose time-sharing rights were violated shall continue to pay any ordered child support or alimony

Answer 81

NO - 61.14(4)(b)

Answer 82

61.13(4)(c) 1. SHALL, calculate the amount of timesharing improperly denied 2. SHALL, award the parent denied time a sufficient amount of extra timesharing to compensate for the time missed 3. SHALL, award the parent such makeup timesharing as expeditiously as possible in a manner consistent with the best interests of the child. 4. SHALL, award the makeup schedule that is fashioned at the convenience of the non-offending parent and at the expense of the non-compliant parent. 5. MAY, order the parent who did not provide timesharing or did not properly exercise timesharing under the schedule to pay reasonable court costs and attorney’s fees incurred by the non-offending parent to enforce the timesharing schedule. 6. MAY order the parent who did not provide timesharing or did not properly exercise timesharing under the timesharing schedule to attend a parenting course approved by the judicial circuit. 7. MAY order the parent who did not provide timesharing or did not properly exercise timesharing under the timesharing schedule to do community service if the order will not interfere with the welfare of the child. 8. MAY order the parent who did not provide timesharing or did not properly exercise timesharing under the schedule to have the financial burden of promoting frequent and continuing contact when the parent and child reside further than 60 miles from the other parent. 9. MAY, upon request of the other parent who did not violate the timesharing schedule, modify the parenting plan if modification is in the best interests of the child. 10. MAY impose any other reasonable sanction as a result of noncompliance.

Answer 83

Trial court was affirmed for holding Mother in contempt for failure to allow Father time-sharing or communications with the child. Trial court made factual findings in its contempt order of Mother’s actions. However, the court erred in changing the time-sharing schedule as a contempt sanction when Father never properly sought such remedy in his pleadings and the court further failed to address whether it was in the child’s best interests. Case was remanded for a proper remedy for the contempt finding.

Answer 84

Father, who only had supervised time-sharing, filed an emergency motion alleging that Mother denied him time-sharing with the child based on her concerns of exposure to COVID-19 because of her history of asthma in contravene of an administrative order. Although not plead by Father, the trial court entered an order modifying the time-sharing schedule and giving Father unsupervised time-sharing with the child. The 2nd DCA found that when a parent refuses to honor the time-sharing schedule in the parenting plan without proper cause, the court may, upon request of the non-violating parent, modify the parenting plan if the modification is in the best interest of the child. However, since Father neither requested such relief nor the trial court made a finding that the time-sharing schedule was in the best interest of the child, the 2nd DCA found that it must be reversed.

Answer 85

A person who violates th61.13(4) may be punished by contempt of court or other remedies as the court deems appropriate

Answer 86

The 4th DCA upheld the modified time-sharing schedule, noting that while relocation alone may not be a substantial change in circumstance, as a result of the impact on Father’s work schedule, the relocation created an unanticipated and substantial change in circumstance, which was substantial and material. The court also found that the new schedule was in the best interests of the child. Seith v. Seith, 337 So. 3d 21 (Fla. 4th DCA 2022)

Answer 87

The Fourth DCA reversed and directed the trial court modify the time-sharing schedule consistent with Father’s request and the children’s best interest. Hernandez v. Hernandez, 335 So. 3d 141 (Fla. 4th DCA 2022)

Answer 88

As neither party had requested that relief nor was Mother offered notice and an opportunity to be heard, the 5th DCA reversed the rulings. Oddo v. Oddo, 340 So. 3d 541 (Fla. 5th DCA 2022)

Answer 89

No, 3rd DCA held that Father had initiated the proceeding and that the trial court was not bound to adopt the relief requested within Father’s motion Roberts v. Diaz, 343 So. 3d 156 (Fla. 3d DCA 2022)

Answer 90

Social investigation & study concerning all pertinent details relating to the child and each parent.

Answer 91

Rule applies to the appointment of an investigator to conduct a social investigation and study under § 61.20, Fla. Stat.

Answer 92

12.364 By agreement of parties or by court

Answer 93

The technical rules of evidence do not exclude the study from consideration.

Answer 94

12.364 The written study with recommendations shall be furnished to the court and a copy provided to all parties of record by the investigator at least 30 days before any hearing at which the court is to consider the written study and recommendation.

Answer 95

court may request that the Department of Children and Family Services Conduct the Investigation and Study.

Answer 96

On motion of any party, the court may order the investigator to produce the investigator’s complete file to another qualified investigator for review by such investigator, who may render an opinion and testify

Answer 97

Not if report was provided to parties bc then party can call those witnesses and refute info in social investigation.

Answer 98

To avoid violation of the parties' due process rights.

Answer 99

Trial court made no findings that withholding the report from the parents who requested it was necessary to prevent harm to the minor child or that it was otherwise in the child’s best interest. Therefore, parties were entitled to receive a copy of the report

Answer 100

Nothing in Fla. Stat. § 61.20 requires the investigative report to be confidential and a denial of Mother’s request to depose the investigator violates her due process rights

Answer 101

Yes- doing one shouldn't bleed the parties out. That's never in child's best interest.

Answer 102

No - trial court can consider the info but it has authority to make its own decision. Relying solely on an expert would be an improper delegation of power.

Answer 103

When the issue of time-sharing, parental responsibility, ultimate decision-making, or a parenting plan for a minor child is in controversy, the court, on motion of any party or the court's own motion, may appoint an investigator under § 61.20

Answer 104

Any party may file a motion for an additional expert examination, evaluation, interview, testing, or investigation. The court upon hearing may order the additional examination, evaluation, testing, or interview of the minor child based on the court finding that the investigation is insufficient and that further examinations, testing, interviews, or evaluations of the minor child would be in the best interests of the minor child.

Answer 105

(1) the source of the information through which the statement was reported must indicate trustworthiness, and (2) the time, content, and circumstances of the statement must reflect that the statement provides sufficient safeguards of reliability. The child victim’s hearsay statements are admissible under this section only if the child testifies or is judicially found to be unavailable as a witness. A child is unavailable “if the court finds, based on expert testimony that a substantial likelihood exists that the child will suffer severe emotional or mental harm if the child testifies or finds that the child falls within one of the definitions for unavailability set forth in section 90.804(1).”

Answer 106

A parent's due process rights are protected by the mere presence of a court reporter in an in-camera interview without counsel or the parties’ presence

Answer 107

YES, otherwise it's a violation of due process rights.

Answer 108

61.401 & 61.403

Answer 109

If court finds it is in the best interest of the child it can appoint a GAL to act as next friend of the child, investigator or evaluator, NOT AS AN ATTORNEY OR ADVOCATE

Answer 110

Yes, from time of appointment until discharge.

Answer 111

GAL must act in child's best interest and has powers to advance best interest to: -investigate allegations of pleadings affecting child -interview child or witnesses -assist court in obtaining impartial expert exams -address court and make written or oral recs - GAL MUST FILE WRITTEN REPORT WHICH MAY INCLUDE REC AND STATEMENT OF WISHES OF CHILD which must be served on all parties 20 days prior to any hearing well it will be presented UNLESS court waives time limit -entitled to be present and participate in all depos, hearings and other proceedings -shall submit recs regarding any stip or agreement whether temp or perm which affect interest of children within 10 days after date agreement served on GAL

Answer 112

-Petition court to order records concerning kids - hospital, medical, dr, dentist, psych, etc. but only after notice given to all parties and a hearing held -request court to order expert exam of child, parents or other interested parties -may file pleadings motions petition GAL deems necessary in furtherance of GALs function

Answer 113

Court-ordered electronic communication between a parent and a child

Answer 114

61.13003(1)(a) 1. Whether electronic communication is in a child’s best interests; 2. Whether communication equipment and technology to provide electronic communication is reasonably available, accessible, and affordable; 3. Each parent’s history of substance abuse or domestic violence; and 4. Any other factor that the court considers material.

Answer 115

The Florida Supreme Court stated, the test for review of abuse of discretion is when the court’s action is “arbitrary, fanciful, or unreasonable" which is another way of saying that discretion is abused only where no reasonable man could take the view adopted by the trial court. If reasonable men could differ as to the propriety of the action taken by the trial court, then it cannot be said that the trial court abused its discretion.”

Answer 116

Judicial discretion is the power the courts exercise when determining questions “to which no strict rule of law is applicable” but which, due to their nature and the circumstances the case presents, the court’s personal judgment controls.

Answer 117

9.130 1. concern venue 2. grant, continue, modify, deny, or dissolve injunctions, or refuse to modify or dissolve injunctions; 3. determine the jurisdiction of the person; 4. determine the right to immediate possession of property, including but not limited to orders that grant, modify, dissolve, or refuse to grant, modify, or dissolve writs of replevin, garnishment, or attachment 5. the right to immediate monetary relief; 6. the rights or obligations of a party regarding child custody or time-sharing under a parenting plan; 7. that a marital agreement is invalid in its entirety 8. the issue of forum non conveniens 9. that, as a matter of law, a settlement agreement is unenforceable, is set aside, or never existed 10. grant or deny the appointment of a receiver, or terminate or refuse to terminate a receivership; 11. grant or deny a motion to disqualify counsel;

Answer 118

Judgments of contempt are “clothed with a presumption of correctness” that the appellate court will not overturn without a clear showing that the trial court either abused its discretion or “departed so substantially from the essential requirements of law as to have committed fundamental error.”

Answer 119

Although trial courts are endowed with rather broad discretion in deciding whether to grant or deny a motion for continuance, the exercise of that discretion is not absolute. Must consider: 1) whether the movant suffers injustice from the denial of the motion; 2) whether the underlying cause for the motion was unforeseen by the movant and whether the motion is based on dilatory tactics; and 3) whether prejudice and injustice will befall the opposing party if the motion is granted.

Answer 120

Standard for review of an order on a motion to modify custody is abuse of discretion

Answer 121

Not unless there is an emergency situation.

Answer 122

Abuse of discretion

Answer 123

No - only a GAL can do that.

Answer 124

Yes - 61.10

Answer 125

1. the circuit court in the county which either parent reside and the child reside; or 2. the circuit court in which the original order approving or creating the parenting plan was entered.

Answer 126

1. parent convicted of misdemeanor of 1st degree or higher involving domestic violence 2. Parent meets criteria for termination of parental rights 3. Parent convicted of, had adjudication withheld for sex offense and at time of offense parent was 18 or older and victim was under 18 or parent believed kid was under 18

Answer 127

Court cannot award shared parental or TS with the convicted parent but convicted parent still has CS obligation

Answer 128

it MAY order sole parental and make a TS schedule that will best protect child or abused spouse from further harm

Answer 129

It creates a rebuttable presumption AGAINST granting TS with a minor child

Answer 130

Court must make a specific finding that the parent poses no significant harm to the child and TS is in BIC. If presumption rebutted, court will consider 61.13 factor for TS

Answer 131

BEST INTEREST OF CHILD

Answer 132

Cannot order a child to visit parent in recovery between hours 9pm and 7 am UNLESS SPECIFIC FINDING IT IS IN CHILD'S BIC

Answer 133

1. If parent resides in specialized resident for pregnant women or parents whos children live with them 2. the number of adults living in recovery center 3. parent's level of recovery

Answer 134

If any resident is currently registered a sex predator or sex offender

Answer 135

“Caretaking authority” means the right to live with and care for a child on a day-to-day basis. The term includes physical custody, parenting time, right to access, time-sharing, and visitation.

Answer 136

“Close and substantial relationship” means a positive relationship of substantial duration and depth in which a significant emotional bond exists between a child and a nonparent.

Answer 137

Decisionmaking authority” means the power to make important decisions regarding a child, including decisions regarding the child’s education, religious training, health care, extracurricular activities, and travel

Answer 138

The term does not include the power to make decisions that necessarily accompany a grant of caretaking authority.

Answer 139

“Deployment” means the movement or mobilization of a servicemember for less than 18 months pursuant to uniformed service orders that: (a) Are designated as unaccompanied; (b) Do not authorize dependent travel; or (c) Otherwise do not permit the movement of family members to the location to which the servicemember is deployed.

Answer 140

“Notice of deployment” means official notification to a servicemember, through orders or other written or electronic communication, that the servicemember is subject to deployment on or about a specified date.

Answer 141

a member of a uniformed service.

Answer 142

(a) Active and reserve components of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard of the United States. (b) The United States Merchant Marine. (c) The commissioned corps of the United States Public Health Service. (d) The commissioned corps of the National Oceanic and Atmospheric Administration. (e) The National Guard of a state or territory of the United States, Puerto Rico, or the District of Columbia.

Answer 143

July 1, 2018

Answer 144

That it violates right to private under FL Constitution and Due Process under 14th Amendment of US Constitution bc it allows visitation or custody with a non-parent upon clear and convincing evidence that it is in BIC and there is no requirement to prove HARM to child. FL Supreme Court has consistently held that the sate has to show a compelling interest to uphold such a statute only by showing kid will suffer actual HARM by lack of visitation by grandparents

Answer 145

NO - bc this is a permanent change in station, not temporary. Must apply 61.13001

Answer 146

Yes, required to have UCCJEA

Answer 147

1. A court has issued a temporary order regarding custodial responsibility. 2. A court has issued a permanent order regarding custodial responsibility before notice of deployment and the parents modify that order temporarily by agreement. 3. A court in another state has issued a temporary order regarding custodial responsibility as a result of impending or current deployment.

Answer 148

Information that is created in a tangible medium or stored in an electronic or other medium and is retrievable in perceivable form

Answer 149

A pending deployment not later than 7 days after receiving notice of deployment unless he or she is reasonably prevented from doing so by the circumstances of service, in which case the deploying parent shall provide notice as soon as reasonably possible.

Answer 150

When they live in the same house.

Answer 151

A proposed plan fulfilling each parent's share of custodial responsibility during deployment provided as soon as reasonably possible after notice of deployment is given

Answer 152

Any change in mailing address or residence until the grant is terminated and must give notice to the Court that issued custody or child support

Answer 153

1. Must be in writing an signed by both parents AND the agreed upon nonparent who is granted temp custodial responsibility 2. Identify the destination, duration and conditions of deployment that is the basis for the agreement 3. Specify the allocation of caretaking authority among the deploying parent and the other parent AND agreed upon nonparent 4. Specify any decision making authority that accompanies a grant of caretaking authority 5. Specify any granted of limited contact to a non-parent 6. Provide a process to resolve disputes that may arise if custodial responsibility is shared by the other parent and nonparent 7. Specify frequency, duration and means, including electronic means, by which deploying parent will have contact with kid and the role to be played by other parent or nonparent facilitating the contact and allocation of costs for contact 8. Acknowledge that the temp custody agreement does NOT modify existing CS and that changing those terms requires modification 9. Set forth when agreement terminates after deploying parent returns

Answer 154

It is TEMPORARY and terminates after deploying parent returns unless the agreement has been terminated by a "record" or written agreement signed by both parents OR by court order

Answer 155

Only standing to ENFORCE until it is terminated

Answer 156

By agreement of parties with or without consent of nonparent

Answer 157

Must be in writing and signed by both parents and by the nonparent

Answer 158

Must be agreed to in a "record" by both parents and by nonparent

Answer 159

1. no other parent possesses custodial responsibility OR 2. court order prohibits contact between child and other parent

Answer 160

Must be filed with court within a reasonable time after the court has entered order relating to custodial responsibility or cs

Answer 161

Either party may file a MOTION REGARDING CUSTODIAL RESPONSIBILITY Court can issue a temporary order granting custodial responsibility unless prohibited by the servicemembers civil relief act

Answer 162

After deploying parent received notice of deployment and until deployment terminates IF parents cannot agree

Answer 163

Not without consent of deploying parent

Answer 164

BEFORE deploying parent deploys and the court SHALL conduct and EXPEDITED HEARING

Answer 165

Must be sworn in by officer authorized to administer oaths under federal law

Answer 166

when it finds that it's not in the child's best interest

Answer 167

If it is in BIC court may grant temp caretaking authority to adult family member of child or someone who child has a close and substantial relationship but if not a family member BIC BY CCE standard THIS WAS A MULTIPLE CHOICE OR SHORT ANSWER FOR BOARD CERT EXAM***

Answer 168

1. Cannot exceed amount of time granted to deployed parent in the perm order (including travel time) 2. If no perm order, amount of time deployed parent habitually cared for child before notice of delopment

Answer 169

If deploying parent unable to do so but must find it is in BIC to grant part of that authority to nonparent who is an adult family member OR adult with a close and substantial relationship but if nonfamily member must prove BIC BY CCE

Answer 170

Yes, unless it is NOT IN BIC

Answer 171

Unless court finds limited contact would NOT be in BIC, IT SHALL allow it for a family member or nonfamily member with whom kid has a close and substantial relationship but must prove BIC BY CCE

Answer 172

NO - the agreed upon nonparent can only file enforcement action when it is in effect

Answer 173

(1) Designate the order as temporary and provide for termination after the deploying parent returns from deployment. (2) To the extent permissible, identify the destination, duration, and conditions of the deployment. (3) Specify the allocation of caretaking authority, decisionmaking authority, or limited contact among the deploying parent, the other parent, and any nonparent. (4) Provide a process to resolve any dispute that may arise if the order divides caretaking or decisionmaking authority between individuals, or grants caretaking authority to one individual and limited contact to another individual. (5) Provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless it is not in the best interest of the child, and allocate any costs of communication. (6) Provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or otherwise available, unless it is not in the best interest of the child. (7) Provide for reasonable contact between the deploying parent and the child after the parent's return from deployment until the temporary order is terminated, even if the time of contact exceeds the time the deploying parent spent with the child before entry of the temporary order.

Answer 174

IT may if it has jur under UIFSA

Answer 175

1. temp order for cs per 61.30 from deploy parent to other parent 2. require deploy parent to enroll child as military dependent with DDERS, TriCare or other similar benefits available to military dependent 3. Suspend abate or reduce CS until deployment over

Answer 176

BEST INTEREST OF CHILD

Answer 177

Automatically 30 days after deploying parent gives notice of return to other parent

Answer 178

1. PARENTS are deceased, missing for at least 90 days) or in a persistent vegetative state OR 2. Whose one parent is deceased, missing (at least 90 days), or in a persistent vegetative state AND whose other parent has been convicted of a felony or an offense of violence evincing behavior that poses a substantial threat of harm to the minor child's health or welfare,

Answer 179

Hold a preliminary hearing to determine whether petitioner has made a prima facie showing of parental unfitness or significant harm to the child.

Answer 180

If grandparent fails to a make a prima facie showing of parental unfitness or significant harm to the child, court SHALL dismiss and may award reasonable attorney fees and costs to be paid by the grandparent to parent

Answer 181

the court may appoint GAL and shall refer the matter to family mediation

Answer 182

The court may award reasonable visitation to the grandparent with respect to the minor child if the court finds by clear and convincing evidence that a parent is unfit or that there is significant harm to the child, that visitation is in the best interest of the minor child, and that the visitation will not materially harm the parent-child relationship.

Answer 183

In assessing the best interest of the child, the court shall consider the TOTALITY OF CIRCUMSTANCES AFFECTING MENTAL AND EMOTIONAL WELL-BEING OF MINOR CHILD including: (a) The love, affection, and other emotional ties existing between the minor child and the grandparent, including those resulting from the relationship that had been previously allowed by the child's parent. (b) The length and quality of the previous relationship between the minor child and the grandparent, including the extent to which the grandparent was involved in providing regular care and support for the child. (c) Whether the grandparent established ongoing personal contact with the minor child before the death of the parent, before the onset of the parent's persistent vegetative state, or before the parent was missing. (d) The reasons cited by the respondent parent in ending contact or visitation between the minor child and the grandparent. (e) Whether there has been significant and demonstrable mental or emotional harm to the minor child as a result of the disruption in the family unit, whether the child derived support and stability from the grandparent, and whether the continuation of such support and stability is likely to prevent further harm. (f) The existence or threat to the minor child of mental injury as defined in s. 39.01. (g) The present mental, physical, and emotional health of the minor child. (h) The present mental, physical, and emotional health of the grandparent. (i) The recommendations of the minor child's guardian ad litem, if one is appointed. (j) The result of any psychological evaluation of the minor child. (k) The preference of the minor child if the child is determined to be of sufficient maturity to express a preference. (l) A written testamentary statement by the deceased parent regarding visitation with the grandparent. The absence of a testamentary statement is not deemed to provide evidence that the deceased or missing parent or parent in a persistent vegetative state would have objected to the requested visitation. (m) Other factors that the court considers necessary to making its determination.

Answer 184

(a) Whether there have been previous disputes between the grandparent and the parent over childrearing or other matters related to the care and upbringing of the minor child. (b) Whether visitation would materially interfere with or compromise parental authority. (c) Whether visitation can be arranged in a manner that does not materially detract from the parent-child relationship, including the quantity of time available for enjoyment of the parent-child relationship and any other consideration related to disruption of the schedule and routine of the parent and the minor child. (d) Whether visitation is being sought for the primary purpose of continuing or establishing a relationship with the minor child with the intent that the child benefit from the relationship. (e) Whether the requested visitation would expose the minor child to conduct, moral standards, experiences, or other factors that are inconsistent with influences provided by the parent. (f) The nature of the relationship between the child's parent and the grandparent. (g) The reasons cited by the parent in ending contact or visitation between the minor child and the grandparent which was previously allowed by the parent. (h) The psychological toll of visitation disputes on the minor child. (i) Other factors that the court considers necessary in making its determination.

Answer 185

Order for grandparent visitation may be modified upon a showing by the person petitioning for modification that a substantial change in circumstances has occurred and that modification of visitation is in the best interest of the minor child

Answer 186

An original action requesting visitation under this section may be filed by a grandparent only once during any 2-year period, except on good cause shown that the minor child is suffering, or may suffer, significant and demonstrable mental or emotional harm caused by a parental decision to deny visitation between a minor child and the grandparent, which was not known to the grandparent at the time of filing an earlier action

Answer 187

Venue shall be in the county where the minor child primarily resides, unless venue is otherwise governed by chapter 39, chapter 61, or chapter 63.

Answer 188

NO - IT IS UNENFORCEABLE

Answer 189

In any action when a PP is at issue and parents are unable to agree

Answer 190

To determine pertinent details about kid and parent

Answer 191

1. Qualified staff of court 2. Child placing agency (409.175) 3. Licensed psychologist (490) 4. Clinical social worker, marriage and family therapist or mental health counselor (491) 5. Unless indigent status then DCF

Answer 192

Written study containing recommendations including written statement of facts found in the social investigation on which the recommendations are based

Answer 193

Unless indigent states, paid by the parties and it is treated as a court cost

Answer 194

By motion of either party or the court on its own motion

Answer 195

Parties by agreement or by court appointment

Answer 196

They must be qualified as an expert

Answer 197

If scientific, technical or other specialized knowledge will assist the trier of fact in understanding the evidence or determining a fact in issue

Answer 198

1. testimony is based upon sufficient facts or data 2. testimony is the produce of reliable principles and methods and 3. witness has applied the principles and methods reliably to facts of case

Answer 199

1. If it is an initial PP or modification 2. That investigator is required to consider BIC based on all factors affecting welfare and interest of kid as set forth in 61.13

Answer 200

1. Name, addres and phone of each parent 2. name address and phone of investigator being appointed 3. specific issues to be addressed 4. initial allocation of costs 5. direct parties to contact investigator

Answer 201

Immediately provided it to the investigator unless otherwise directed by court

Answer 202

Written study with recommendations as to PP and written statement of facts found in social investigation on which recommendations are based

Answer 203

At least 30 days before any hearing where report will be considered unless otherwise ordered by court

Answer 204

Yes - court will hold a hearing and determiner if the current investigation is insufficient and if another one would be in BIC

Answer 205

Court may order an investigator to produce their complete file to ANOTHER qualified investigator to review so that person can render an opinion and testify

Answer 206

Yes - 12.363 if either party requests it or on court's own motion

Answer 207

Provide written report to each party and GAL if applicable Send notice to court when report complete & that copy when to all parties - DO NOT SEND REPORT TO COURT UNLESS PARTIES HAVE AGREED IN WRITING TO ALLOW COURT TO CONSIDER IT

Answer 208

30 days before trial or 75 days from date of appointment UNLESS TIME EXTENDED BY COURT

Answer 209

1. issues to be addressed by expert 2. may require that all interviews of the child be recorded and the tapes be maintained as part of the expert’s file 3. shall include an initial allocation of responsibility for payment. 4.direct the parties to contact the expert appointed by the court to establish an appointment schedule to facilitate timely completion of the evaluation

Answer 210

Only on a showing of good cause and only upon a finding that further examinations, testing, interviews, or evaluations would be in the best interests of the minor child

Answer 211

The court may order the expert to produce the expert’s complete file to another expert at the initial cost of the requesting party, for review by such expert, who may testify

Answer 212

Only if the court determines that good cause exists to permit the testimony. The fact that no notice of such treatment, testing, interview, examination, or evaluation of a child was given to both parents shall be considered by the court as a basis for preventing such testimony

Answer 213

No expert may communicate with the court without prior notice to the parties, who shall be afforded the opportunity to be present and heard during any such communication between the expert and the court. A request for communication with the court may be informally conveyed by letter or telephone. Further communication with the court, which may be conducted informally, shall be done only with notice to the parties.

Answer 214

In creation or modification of PP IF COURT FINDS IT IS IN THE BEST INTEREST OF CHILD

Answer 215

If verified allegation of child abuse, abandonment, or neglect per 39.01, and the court determined the allegations are well founded IT SHALL APPOINT GAL

Answer 216

Act as next friend of child, investigator or evaluator NOT ATTORNEY OR ADVOCATE but must act in BIC

Answer 217

Yes - court has discretion to appoint attorney or advocate but cannot be same as GAL

Answer 218

Powers, privileges and responsibilities to the extent necessary to advance the BIC including but not limited to 1. investigate allegations in pleadings affecting child and after proper notice may interview child, witnesses or any other person with info concerning welfare of child 2. GAL, through counsel, may petition court or order directing specific person, agency or organization (hospital, dr, dentist, psych) that allows GAL to inspect and copy records that related to MC or Child's parents or other custodial persons or household members with whom child resides 3. GAL, through counsel, may request court to order expert exam of kid, parents or other interested parties, by dr, dentist, psychologist or psychiatrist or other mental professional 4. GAL can assist court in obtaining impartial expert exams 5. GAL may address court and make written or oral recs. 6. GAL through counsel may file pleadings, motions or petitions for relief in furtherance of GAL's function & can participate in depos, hearings etc. 7. Nonattorney GAL are not permitted to practice law 8. GAL shall submit their rec as to any stip (temp or perm) with affects kids within 10 days after stip served on GAL

Answer 219

GAL shall file written report (which may include recommendations and statement of wishes of child. Shall be FILED and SERVED on all parties 20 days prior to hearing where it will be used UNLESS COURT WAIVES TIME LIMIT.

Answer 220

1. Certified by GAL program 2. Certified by nonprofit legal aid org 3. Attorney in good standing FL BAR

Answer 221

Any person acting as GAL shall be presumed prima facie to be acting in good faith and in doing so shall be immune from any liability, civil or criminal that might be incurred or imposed

Answer 222

Subject to technical rules of evidence and child hearsay is inadmissible unless it falls within statutory exception

Answer 223

If victim child 16 or less describes act of child abuse, neglect or sex abuse against child shall be admissible IF 1. Court conducts hearing that time, content and circumstances of statement provide sufficient safeguards of reliability AND 2 child testifies OR is unavailable as a witnesses PROVIDED THER EIS OTHER CORROBORATIVE EVIDENCE of abuse or offense

Answer 224

IF THE SOURCE OF INFO OR METHOD OR CIRUMSTANCES BY WHICH STATEMENT WAS REPORTED LACKS TRUSTOWRTHINESS

Answer 225

Court may consider the mental and physical age and maturity of child, the nature and duration of abuse or offense and relationship of child to the offender and reliability of the child victim and any other factor deemed appropriate

Answer 226

An impartial third party appointed by the court or agreed to by the parties whose role is to assist the parties in successfully creating or implementing a parenting plan.

Answer 227

A nonadversarial dispute resolution process that is court ordered or agreed upon by the parties.

Answer 228

To provide a child-focused alternative dispute resolution process whereby a parenting coordinator assists the parents in creating or implementing a parenting plan by facilitating the resolution of disputes between the parents by providing education, making recommendations, and, with the prior approval of the parents and the court, making limited decisions within the scope of the court’s order of referral

Answer 229

In any action in which a judgment or order has been sought or entered adopting, establishing, or modifying a parenting plan, except for a domestic violence proceeding , and upon agreement of the parties, the court’s own motion, or the motion of a party, the court may appoint a parenting coordinator and refer the parties to parenting coordination to assist in the resolution of disputes concerning their parenting plan.

Answer 230

If there has been a history of domestic violence, the court may not refer the parties to parenting coordination unless both parents consent.

Answer 231

Must meet one of the following professional requirements 1. Be licensed as a mental health professional un 2. Be licensed as a physician with certification by the American Board of Psychiatry and Neurology. 3. Be certified by the Florida Supreme Court as a family law mediator, with at least a master’s degree in a mental health field. 4. Be a member in good standing of The Florida Bar AND Complete all of the following: 1.. 3 years of post licensure or postcertification practice. 2. Family mediation training program certified by the Florida Supreme Court. 3. A minimum of 24 hours of parenting coordination training 4. Minimum 4 hours DV training and child abuse as it relates to PC

Answer 232

Yes but court cannot appoint unqualified persons absent agreement of parties

Answer 233

1. Has been convicted or had adjudication withheld on a charge of child abuse, child neglect, domestic violence, parental kidnapping, or interference with custody; 2. Has been found by a court in a child protection hearing to have abused, neglected, or abandoned a child; 3. Has consented to an adjudication or a withholding of adjudication on a petition for dependency; 4. Is or has been a respondent in a final order or injunction of protection against domestic violence; or 5. Has been disqualified by the Parenting Coordinator Review Board.

Answer 234

The court may not order the party to parenting coordination unless public funds are available to pay the indigent party’s allocated portion of the fees and costs or the nonindigent party consents to paying all of the fees and costs.

Answer 235

All communications made by, between, or among the parties, participants, and the parenting coordinator during parenting coordination sessions are confidential. The parenting coordinator, participants, and each party designated in the order appointing the coordinator may not testify or offer evidence about communications made by, between, or among the parties, participants, and the parenting coordinator during parenting coordination sessions

Answer 236

(a) Necessary to identify, authenticate, confirm, or deny a written agreement entered into by the parties during parenting coordination; (b) The testimony or evidence is necessary to identify an issue for resolution by the court without otherwise disclosing communications made by any party, participant, or the parenting coordinator; (c) The testimony or evidence is limited to the subject of a party’s compliance with the order of referral to parenting coordination, orders for psychological evaluation, counseling ordered by the court or recommended by a health care provider, or for substance abuse testing or treatment; (d) The parenting coordinator reports that the case is no longer appropriate for parenting coordination; (e) The parenting coordinator is reporting that he or she is unable or unwilling to continue to serve and that a successor parenting coordinator should be appointed; (f) The testimony or evidence is necessary pursuant to paragraph (6)(b) or subsection (9) (g) The parenting coordinator is not qualified to address or resolve certain issues in the case and a more qualified coordinator should be appointed; (h) The parties or participants agree that the testimony or evidence may be permitted; (i) The testimony or evidence is necessary to protect any person from future acts that would constitute domestic violence; child abuse, neglect, or abandonment; or abuse, neglect, or exploitation of an elderly or disabled adult; (j) The testimony or evidence is offered to report, prove, or disprove a violation of professional malpractice occurring during the parenting coordination process, solely for the purpose of the professional malpractice proceeding; or (k) The testimony or evidence is offered to report, prove, or disprove professional misconduct occurring during the parental coordination proceeding, solely for the internal use of the body conducting the investigation of the conduct.

Answer 237

A parenting coordinator must immediately inform the court by affidavit or verified report without notice to the parties of an emergency situation if: 1. There is a reasonable cause to suspect that a child will suffer or is suffering abuse, neglect, or abandonment; 2. There is a reasonable cause to suspect a vulnerable adult has been or is being abused, neglected, or exploited; 3. A party, or someone acting on a party’s behalf, is expected to wrongfully remove or is wrongfully removing the child from the jurisdiction of the court without prior court approval or compliance with the requirements of s. 61.13001. If the parenting coordinator suspects that the parent has relocated within the state to avoid domestic violence, the coordinator may not disclose the location of the parent and child unless required by court order.

Answer 238

1. Evidence of DV 2. Whether either parent has reasonable belief they or their MC are or have been in imminent danger of becoming victims of act of DV or sexual violence 3. Abuse abandonment or neglect 4. Any other relevant factor