Articles Tagged with child custody

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According to Florida law, if a woman is married at the time that she gives birth, her husband automatically becomes the legal father, even if neither spouse claims that the husband is or could be the biological father of the child. (This most often happens when the mother is separated from her husband, but they have not yet finalized their divorce.) If the woman is unmarried, then it is fairly simple for the child’s biological father to establish legal paternity; the courts usually do not even require a DNA test. If the biological father wants to establish paternity, but the mother is married to someone else, however, then he faces an uphill battle. Miranda Wilkerson is a child in whose custody case the mother’s husband’s status as legal father was a determining factor, but her case is also complicated for several other reasons.

Details of the Miranda Wilkerson Case

Trista Crews and Donald Coleman met and began their relationship in 1997, when she was 14 and he was 38. They married when Trista was 16, with Trista’s mother Rita Manning giving consent for her underage daughter to marry. Nonetheless, Coleman eventually had to register as a sex offender because of the age difference in his relationship with Trista. They would go on to have three children together before separating in 2007.

Trista was separated from Donald Coleman at the time of Miranda’s birth, and he filed for divorce at around that time because he doubted that he was Miranda’s biological father. About a month later, Trista died in a car accident, and her mother Rita Manning assumed responsibility for Miranda’s care. After a long custody battle between Manning and Coleman, a judge finally awarded custody of Miranda to Coleman, who was then living in Georgia. Miranda was then three years old, and she had lived with her grandmother almost since birth. Miranda’s biological father has since tried to get custody of her, but currently available news reports offer few details about that aspect of the case. Continue reading

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In Florida, children rarely testify in court. Even when the children are old enough to provide useful testimony, judges always avoid having minors testify in family law cases unless there is no other alternative. Divorce and custody battles are stressful enough for children and teenagers, and being questioned in a courtroom could cause them unnecessary additional stress. Therefore, courts often appoint a guardian ad litem to speak on behalf of the child.

What is a Guardian ad Litem?

A guardian ad litem is a person appointed to provide information about the child and his or her situation in order to help the judge make a decision about the child’s best interest. The guardian ad litem does not have custody of the child even temporarily; the child’s legal guardians remain the biological, adoptive, or foster parents. The guardian ad litem’s legal responsibility to the child is only to represent the child’s best interests before the judge.

In Florida, guardians ad litem are volunteers, and each guardian ad litem is assigned to only one child or family at a time. They come from all different professional and educational backgrounds. Regardless of previous work experience, they must take a training course to become qualified to work as guardians ad litem. Many of them have worked with children in their professional lives and have a keen sense of what constitutes a child’s best interest; many guardians ad litem are social workers, teachers, and healthcare workers. Continue reading

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A major issue between parents who split up is who will get custody of their child. In many cases, if you do not particularly like the other parent or believe he or she may be irresponsible in some way, you may want to obtain sole custody rights. However, getting sole custody in Florida is extremely difficult.

In order to understand why this is the case, you should have a basic understanding of custody laws in Florida. First, there are two different aspects to child custody:

  • Physical custody: the time you spend with your child visiting you or living with you; and
  • Legal custody: the right to be a part of major decisions in the child’s life, including schooling, activities, religion, and medical care.

In Florida, physical custody is called “parenting time” and legal custody is often referred to as “parental responsibility.” How these rights are divided between parents is set out in a parenting plan that must be approved by the courts. Continue reading

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A child custody and parenting plan order will set out many different guidelines about how you and your child’s other parent should share parental rights and responsibilities while your children are still dependents. These guidelines can involve primary physical custody, visitation schedule, how you will share in making decisions for your child, and much more. However, there are situations in which the circumstances of one parent may change and the provisions of the custody agreement are no longer feasible. One common change in circumstances is the need or want to move the child to another area of Florida or even to another state. There are many legal issues involved in child relocation and you should always seek the assistance of an attorney if relocation has become an issue in your case.

If You Agree to Relocation

If a parent plans to take a child over 50 miles away for more than 60 days, Florida law states they must obtain permission to do so from the other parent. In some situations, the other parent may simply agree to the relocation. Even so, the parents must submit an agreement to the court for approval before the move can take place. This agreement must also set out the new visitation and time-sharing schedule for after the move.