Viewing entries tagged
Florida family law attorney

Florida family law appeals: A final judgment may not be "final" for purposes of appeal

Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

If a party does not agree with a trial court’s decision in his or her Florida family law case, he or she may have the right to appeal the decision. The party must ensure that he or she has followed the appropriate steps to preserve the right to appeal, and this is usually best done through an attorney. As the recent appellate case Browner v. Browner, 1D19-0556 (Fla. 1st DCA April 22, 2019) indicates, knowing something as basic as whether or not it is possible to appeal an order is crucial.

Injunction on behalf of child reversed for lack of competent, substantial evidence

Posted by Nydia Streets of Streets Law in Florida Domestic Violence

A petition for protection against domestic violence can be filed on behalf of a minor child who is the victim of abuse. When filing such a petition it is important to follow rules regarding the submission of evidence to the court to avoid the loss of important protection for a child. We see this play out in the case Hussey v. Lara, ex. rel., 3D18-259 (Fla. 3d DCA April 10, 2019).

Insufficient notice for a hearing may result in reversal of Florida family court order

Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

“Although determining whether notice provided is reasonable depends upon the circumstances of each case, we have not identified a single case where less than twenty-four hours' notice of a hearing impacting an individual's parental rights was upheld as reasonable.” - The Second District Court of Appeal in Florida in Ferris v. Winn, 242 So.3d 509 (Fla. 2d DCA 2018). In this case, a father’s right to communicate with his children was suspended after he received less than 24 hours notice of a hearing on the issue.

Reversal of a $100,000 sanction in a Florida family law case

Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

While we hope that divorcing couples can part ways amicably, that is not always the case. Unfortunately, the divorce court is sometimes put in the position of referee, having to enter orders that control the conduct of the parties toward each other. This is what happened in the case Ash v. Campion, 247 So.3d 581 (Fla. 1st DCA 2018).

Proper application of a motion for contempt in Florida family law cases

Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

When a party fails to follow the terms of a court order, what remedies are available to the injured party? It depends on what terms are being violated - if the terms deal with support, generally there are different enforcement options available than those that correspond with violation of non-support matters.

Can a judge be disqualified from a Florida family law case?

Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

Florida family law litigation rarely involves jury trials. This means cases are decided solely by the judge presiding over the case who hears testimony and reviews evidence. When a party believes the judge is biased or otherwise will not decide a case fairly, what can be done?

Obtaining a restraining order against a stalker in Florida

Posted by Nydia Streets of Streets Law in Florida Domestic Violence

What do you need to get a restraining order against someone for stalking in Florida? For one, it is necessary to show a repeated pattern of following, harassing or cyber stalking another person. In Kriebel v. Piedrahita, 219 So.3d 867 (Fla. 4th DCA 2017) we see how a love triangle led to a restraining order being entered against the wife by the mistress. 

Do I need the other parent's permission to change my child's name in Florida?

Posted by Nydia Streets of Streets Law in Florida Name Change

You never get a second chance to make a first impression, the saying goes, and a person's name can impact a first impression. For this reason, many people choose to legally change their name. But what if a parent wants to change a child's name? A case recently considered in Miami family court regarding the name change of a minor child shows us how Florida courts analyze the right of a father not listed on a birth certificate to participate in a proceeding for a name change of his purported child. 

What is needed to dissolve a Florida injunction against domestic violence

Posted by Nydia Streets of Streets Law in Domestic Violence, 

After a Florida restraining order or injunction against domestic violence is entered, the party against whom the injunction has been entered usually wonders when and if it can be dissolved. There are certain circumstances under which an injunction can be dissolved as explored in the appellate case Noe v. Noe, 217 So.3d 196 (Fla. 1st DCA 2017).