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Family Law Case - Child Custody
Givens Givens Sparks trial attorney, Kelly Candela, successfully litigated
a family law case in which a child was nearly removed from her mother’s
custody and given to the child’s alleged father, although the father
had not yet established paternity. Candela filed a written response on
behalf of her client (the mother) alleging fraud by the father and had
the pick-up order set aside before custody was transferred to the father.
The practical result was to allow the mother and child stay in their home
state (not Florida) pending the resolution of the case. The Court agreed
and granted Candela’s client custody.
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Family Law Case - Child Custody
Givens Givens Sparks trial attorney, Kelly Candela, successfully litigated
a family law case in which her client filed a Petition to Establish Paternity,
and the mother was served. After being served, the mother fled the state
with the child. Candela filed an Emergency Motion for the immediate return
of the child, and at that hearing, which was granted on an emergency basis,
the mother was forced to turn the child over to the father, giving the
father sole custody of the child pending the ultimate resolution of the case.
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Family Law Case - Relocation
Givens Givens Sparks trial attorney, Kelly Candela, successfully litigated
a family law case in which her client (the father) accused his child’s
mother of relocating the child out of state without the consent of the
child’s father. Candela was able to obtain a court order to return
the child to the state of Florida and to remain in her client’s
care while establishing permanent custody and timesharing plans. After
Candela’s successful litigation of the case, the Court ruled that
the mother’s Petition for Relocation was denied, and that the child
shall live primarily with Candela’s client in Florida, with summer
and school break schedules allotted to the mother.
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Family Law Case - Timesharing Violation
Givens Givens Sparks trial attorney, Kelly Candela, successfully litigated
a family law case in which her client was accused of violating a timesharing
schedule agreed upon by both parental parties at the time the couple was
divorced. The client’s child’s mother claimed that Candela’s
client did not return the child for holiday timesharing at both Christmas
and Easter. Candela had sent formal correspondence to the child’s
mother regarding the dispute over the interpretation of the timesharing
schedule, and when she did not agree, the father kept the child. The Court
agreed with Candela’s interpretation of the timesharing schedule
and found that her client was not in contempt for either holiday.
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Family Law Case - Unilateral Medical-Related Decisions
Givens Givens Sparks trial attorney, Kelly Candela, successfully litigated
a family law case in which she filed a Motion for Contempt on behalf of
her client against the mother of his child for making unilateral medical-related
decisions for the minor child without his knowledge. The Court agreed
that the mother was in violation of the final judgment of their dissolution
of marriage and held her in indirect civil contempt. The Court also ordered
that the treatment in question cease immediately and that the mother be
solely responsible for any and all costs related to that treatment. Furthermore,
the Court ordered that the mother was not to make any unilateral decisions
in the future and was to notify the father of any future appointments
so that he could be present either over the phone or in person.
