Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Disqualification of a judge in a Florida family law case may be considered an extreme remedy which is granted sparingly. In order to have a judge disqualified, a party must show that he or she has a reasonable fear that the judge is incapable of being impartial or fair toward that party. This was an issue in the case MacKenzie v. MacKenzie, 2D2025-1096 (Fla. 2d DCA November 26, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What rights do grandparents have in Florida for visitation with their grandchildren? Florida provides for limited scenarios in which a grandparent can obtain an order for visitation with a child under Chapter 752 of the Florida Statutes. However, Florida will recognize and enforce orders entered in other states with more liberal visitation rights for grandparents. This was an issue in the case Aluise v. Spanos, 5D2024-3376 (Fla. 5th DCA October 24, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is an injunction in a Florida family law case that is not related to domestic violence? This is an order which instructs someone not to do something. There are specific requirements for obtaining a non-domestic violence injunction, including the posting of a bond. This type of injunction was an issue in the case Caron v. Caron, 4D2025-0440 (Fla. 4th DCA November 19, 2025).
Posted by Nydia Streets of Streets Law in Florida Alimony
Florida alimony is calculated pursuant to a formula specified in Chapter 61.08 of the Florida Statutes. Florida law also provides for life insurance to be obtained to support an alimony award, but only under certain circumstances. These were issues in the case Beck v. Beck, 4D2024-0814 (Fla. 4th DCA November 19, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a Florida stalking injunction is appealed, the appellate court reviews the order for competent, substantial evidence. Stalking is defined under the Florida Statutes as stalking as “willfully, maliciously, and repeatedly follow[ing], harass[ing], or cyberstalk[ing] another person.” Fla. Stat. Chp. 784.048(2). This was an issue in the case Castano v. Vega, 3D25-0275 (Fla. 3d DCA November 19, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a domestic violence injunction is entered requiring one parent to stay away from the other parent, how does this affect a Florida parenting plan? For example, there may be a need for the parties to arrange timesharing exchanges in-person which may violate the stay away provisions of an injunction. This was an issue in the case Wilson v. Martin, 4D2024-3155 (Fla. 4th DCA November 12, 2025).
Posted by Nydia Streets of Streets Law in Holidays
"Every day, think as you wake up, 'I am fortunate to be alive. I have a precious human life. I am not going to waste it.’” - Dalai Lama
Happy Thanksgiving to you and your loved ones! Thank you for your support and may you and yours be blessed infinitely.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
If a party fails to appear at a Florida domestic violence injunction hearing and an injunction is entered against that person, can he or she appeal? The answer depends on the circumstances surrounding the non-appearance. This was an issue in the case Fletcher-Johnson v. Johnson, 4D2024-1124 (Fla. 4th DCA November 12, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
If a final judgment in a Florida family law case reserves ruling on a matter such as child support arrears, is that judgment really final for purposes of determining if the appellate court has jurisdiction to review the judgment? This was an issue in the case Lysich v. Canelo, 3D25-1823 (Fla. 3d DCA November 12, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a non-final order versus a final order for purposes of appealing a Florida family law order? A non-final order is one that is usually entered that requires further judicial labor and/or is a temporary or interim order while a case is still pending. A final order is one which requires no further judicial labor and puts the issue in the order to rest. The distinction was an issue in the case Wages v. Baez, 3D25-1561 (Fla. 3d DCA November 12, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
Is a court required to take into account a parent’s ability to pay child support when relying on the Florida Child Support Guidelines? A parent may feel he or she is unable to meet the calculated child support amount when considering his or her rent, utility and other living expenses. This was an issue in the case Hector v. DOR, 3D25-0454 (Fla. 3d DCA November 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Is all relevant evidence admissible in a Florida family law case? The short answer is no. This was an issue in the case Gonzalez v. Manesh, 3D24-0741 (Fla. 3d DCA November 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
If a spouse can prove that personal or marital expenses were paid from a business bank account, does this convert the business to a marital, jointly-owned property? This was an issue in the case Rose v. Rose, 2D2024-2406 (Fla. 2d DCA November 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
If a Florida family court orders that a party is entitled to an award of attorney’s fees from the other party, but reserves ruling on the amount of fees, can the order dictating entitlement be appealed? This was an issue in the case Weinstein v. Weinstein, 4D2024-2244 (Fla. 4th DCA October 29, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Is a pet considered property in a Florida divorce? In short, yes, and the court will award the pet in accordance with the factors listed in Florida Statute Chp. 61.075 which also apply to other property such as vehicles, real estate, etc. What if the pet is an emotional support animal - how does this affect the court’s decision on who gets the pet? This was an issue in the case Kraushaar v. Kraushaar, 3D25-1706 (Fla. 3d DCA October 29, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
It may be fatal to a Florida family law appeal if a party fails to raise certain arguments before the trial court. Failing to raise the argument with the trial court before raising it with the appellate court may be deemed as a waiver of the argument. This was an issue in the case Khare v. Khare, 3D25-0151 (Fla. 3d DCA October 29, 2025).
Posted by Nydia Streets of Streets Law in Holidays
On Veterans Day, we acknowledge, humbly, that we can never serve our veterans in quite the same way that they served us. But we can try. We can practice kindness. We can pay it forward. We can volunteer. We can serve. We can respect one another. We can always get each other’s backs.
-Former President Barack Obama.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Certain factors are inherent in relocation cases such as the fact that a parent’s time-sharing will be reduced if the children are permitted to move, or that the children will leave their school and friends. Can these factors be relied upon to deny a relocation request? This was an issue in the case Harman v. Alonso, 3D24-0348 (Fla. 3d DCA October 29, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is a bifurcated divorce in Florida? Many Florida divorces involve issues of equitable distribution, child custody and alimony. When a party asks a court to bifurcate the proceedings, it means the party is asking the court to separate the issues and enter a final judgment declaring the parties to be divorced before remaining issues such as equitable distribution, etc. are decided. This might be requested, if for example, a party is in poor health and may pass away before a final judgment of divorce is entered which would entitle the surviving spouse to death benefits that may not be intended in light of the parties’ separation. This was an issue in the case Wax v. Friedman, 3D23-1942 (Fla. 3d DCA October 29, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
In Florida family law cases, the court may award attorney’s fees and costs to one party if there is a showing of need and ability to pay. Does this award include the time the attorney spends in litigating the amount of fees to be awarded? This was an issue in the case Schultheis v. Schultheis, 3D23-1250 (Fla. 3d DCA October 29, 2025).
