Call Us Now

305-704-7347 (Local Number)

305-704-7347

Law Office of David B. Mitchell, P.A. Nav

Matrimonial and Family Law Representation
for South Florida Residents

More Than 34 Years Of Experience

What options do Miami parents have after exchange disputes?

In the legal system, even issues that appear relatively straightforward at first glance can become hotly disputed between the parties. These disputes are particularly common in family law cases, such as a custody dispute that arises when the parents disagree over issues involving their children.

Last week, this blog discussed how the exchange of a child from one parent to another can become contentious. At first glance, the child custody exchange may seem relatively straightforward, as the physical custody over the child is simply transferred from one parent to another. In reality, however, any number of issues can be prompted during these exchanges, including not only problems with the exchange itself, but tangential issues like nonpayment of child support or other issues.

For instance, the custodial parent might raise objections to transferring physical custody if the noncustodial parent has failed to make child support payments. At the very least, the environment surrounding the exchange can be hostile or even dangerous when the parents have serious disputes with one another.

These issues may be so severe that changes to the child custody order are warranted. For example, a modified order may need to be issued that alters the manner in which custody is exchanged, such as having drop-offs be at a third party center instead of directly between the parents at school or some other location.

In other cases, the court may go so far as to alter a parent's custodial or visitation rights or obligations. Accordingly, as with most issues, the relief that is appropriate will depend upon the facts and circumstances of each case. The bottom line is that parents should understand their rights when disputes arise during child custody exchanges, including what options they have for minimizing future disputes and their harmful effects on the child.

Source: FindLaw, "Child Custody Exchange," accessed on Sept. 2, 2016

No Comments

Leave a comment
Comment Information

Record of Success

  • AV | AV Preeminent | Martindale- Hubbell lawyer Ratings
  • Avvo - Rate your Lawyer. Get Free Legal Advice.
  • Dade County Bar Association 1920
  • Legal Leaders South Florida's Top Rated Lawyers

Privacy Policy | Business Development Solutions by FindLaw, a Thomson Reuters business.