Miami family law attorney blog
Viewing entries in
Child Custody
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a former spouse and the current spouse of a parent do not get along, this can affect child custody provisions of a final judgment. In a recent case, there was friction between the former spouse and parent of a child, and the current spouse of the child’s mother. The case is Miller v. Veleff, 4D2024-1579 (Fla. 4th DCA January 7, 2026).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Modification of a Florida parenting plan requires the court to consider statutory factors and make findings regarding them in the final judgment. This was an issue in the case Edwards v. Williams, 6D2023-3077 (Fla. 6th DCA December 23, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Once a Florida parenting plan is established, a court cannot modify it without a party pleading a substantial change in circumstances. This was an issue in the case Bazinet v. Pinkerton, 5D2025-0058 (Fla. 5th DCA December 19, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Emergency suspension of a parent’s time-sharing in a Florida child custody case is a drastic measure which must follow certain procedural safeguards. This was an issue in the case Capps v. Capps, 4D2025-3371 (Fla. 4th DCA December 17, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent requests relocation and modification of a Florida parenting plan, it can be easy to confuse the issues and the applicable standard of law in deciding the petition. This was an issue in the case Lally v. Lally, 4D2025-0692 (Fla. 4th DCA December 10, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When parents are married, and before a Florida divorce case is filed, one parent moves out of state with the children, can the court order the children to be returned to Florida? A court is guided by the best interest of the children. While many parents may attempt to have an emergency pick-up order entered, citing Florida’s relocation statute, this may not be applicable under the circumstances. This was an issue in the case Dunn v. Flores, 3D25-2263 (Fla. 3d DCA December 3, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a petition for relocation is filed in Florida, is a court required to independently review factors for modification of a parenting plan in addition to factors for relocation under the statutes? This was an issue raised on appeal in the case Puertas v. Ruiz, 3D25-0305 (Fla. 3d 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 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 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 Child Custody
When a final judgment that orders a timesharing schedule fails to make findings regarding the best interest of a child, it may be reversed. This was an issue in the case Tucker v. Adams, 5D2025-0937 (Fla. 5th DCA October 3, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
In the case Olivas v. Morales, 3D25-0234 (Fla. 3d DCA September 17, 2025), we again see the importance of having a transcript of your Florida child custody case hearing prepared. The father in this case appealed a final judgment of paternity in which he disagreed with the trial court’s summer time-sharing schedule.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Once a party in Florida child custody case presents his or her case that relocation is in the best interest of a child, the burden of proof then shifts to the other party to establish that relocation is not in the child’s best interest. This was an issue in the case Gevaert v. Teh, 3D24-2280 (Fla. 3d DCA September 17, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A Florida relocation case can be difficult for a court to decide in that both parents may have very compelling reasons for wanting to move with their children or wanting the children to remain in Florida. This was an issue in the case Greenwood v. Greenwood, 3D24-1585 (Fla. 3d DCA September 17, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What does trial by consent mean in a Florida family law case? Usually parties to a case must be put on notice as to what will be sought at trial. If they do not, the issue may still be able to be considered at trial if there is no objection to it at trial. This was an issue in the case Alan v. West, 3D24-0454 (Fla. 3d DCA September 10, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
In a Florida child custody case, the court can enter temporary orders concerning visitation. In the case Aabbott v. Kligman, 3D25-402 (Fla. 3d DCA July 23, 2025), the court awarded the father two supervised overnight visits per week and the mother appealed.
Posted by Nydia Streets of Streets Law in Florida Child Custody
If a parent is ordered to undergo substance abuse monitoring as part of time-sharing with his or her children in a Florida child custody case, who is responsible for the cost of such monitoring? A commonly used tool to monitor a parent’s alcohol consumption is Soberlink, which measures blood alcohol content (BAC). A parent might be required to have his or her BAC measured as a condition of beginning his or her time-sharing. This service costs money and the court has to determine who should pay for it. This was an issue in the case Gorla v. Vig, 3D24-0706 (Fla. 3rd DCA July 23, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can sole parental responsibility be awarded to one parent if the other parent does not appear for trial in a Florida child custody case? The answer depends on what was contained in the petition, and whether evidence was presented at the trial to support this award. This was one issue in the case Keck v. Fortier, 5D2024-3056 (Fla. 5th DCA June 27, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When creating a parenting plan in Florida, a trial court is required to make certain findings of fact under Fla. Stat. 61.13. Are these findings also required in ruling on a petition to modify a parenting plan? This was an issue in the case Squires v. Squires, 5D2024-2465 (Fla. 5th DCA June 20, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A hearing before a general magistrate in a Florida child custody case is usually electronically recorded, and a party wanting a transcript of the hearing is required to have it transcribed by a court reporter. This transcript is needed for an appeal. This was an issue in the case Saenz v. Diaz, 3D24-1744 (Fla. 3d DCA June 25, 2025).
