Miami family law attorney blog
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Miami Child Custody Attorney
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
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).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Although the Florida Statutes include a presumption that equal time-sharing is in the best interest of a child, this does not mean a court is automatically required to order equal time-sharing in every child custody case. The court must still make findings regarding the best interest of the child. This was an issue in the case Malek v. Malek, 3D24-1247 (Fla. 3d DCA June 25, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A final judgment establishing child custody in Florida must comport with Fla. Stat. 61.13 as it relates to consideration of the best interest of the child. When a transcript of a trial in these cases is not provided, and the case is appealed, the appellate court is limited to reviewing errors apparent on the face of the judgment, including a lack of required findings. This was an issue in the case Salazar v. Blanco, 3D24-1588 (Fla. 3d DCA June 4, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a temporary relocation be granted in a Florida child custody case without a hearing? Statutes require that certain language be included in a petition for relocation, part of which states “IF YOU FAIL TO TIMELY OBJECT TO THE RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND WITHOUT A HEARING.” See Fla. Stat. Chp. 61.13001. This was an issue in the case Lawler v. Lawler, 3D24-1428 (Fla. 3d DCA June 4, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
It is common in a Florida parenting plan, for the court to specify vacation dates during summer for each parent. For example, a parenting plan might state the parties will follow the regular time-sharing schedule except that each parent is entitled to take two weeks of vacation with the child each year. If not carefully worded, this provision can create confusion. This was an issue in the case Murnane v. Murnane, 5D2023-1128 (Fla. 5th DCA May 2, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When supervised visits are ordered in a Florida child custody case, how does the court determine who should pay these costs? That was an issue in the case Perez-Palma v. Rodriguez, 3D24-0251 (Fla. 3d DCA April 30, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
How does an award of temporary sole parental responsibility affect school designation? The school boundary designation in a parenting plan may conflict with an award of temporary sole parental responsibility, but the primary focus is the best interest of a child. This was an issue in the case Healy v. Healy, 4D2024-1087 (Fla. 4th DCA April 23, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
The importance of having a court reporter at a Florida family law hearing was highlighted again in a recent appellate case: Shaw v. Shaw, 3D24-1393 (Fla. 3d DCA April 16, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
When one spouse is ordered to pay alimony to the other spouse in a Florida divorce case, is this payment considered in calculating child support? Usually, the monthly payment made by the paying spouse is deducted from that spouse’s income and added to the other spouse’s income in calculating child support. This was an issue in the case Eberhart v. Eberhart, 5D2024-1384 (Fla. 5th DCA March 28, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a court temporarily suspend a parent’s time-sharing without the other parent filing a petition for modification of time-sharing or the parenting plan? This was an issue in the case Mishkin v. Mishkin, 3D24-1516 (Fla. 3d DCA March 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a child custody case has been filed in two different states concerning the same child, we look to the Uniform Child Custody Jurisdiction and Enforcement Act to guide us on how to proceed. Most times, the courts of each state are required to communicate with each other and include the parties in the communication. This was an issue in the case Justice v. Guerrero-Justice, 3D24-1248 (Fla. 3d DCA February 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a court award shared parental responsibility and ultimate decision-making authority at the same time? Shared parental responsibility means both parents must confer and jointly make decisions regarding their child. Ultimate decision-making authority means that although the parties must confer, only one parent ultimately makes the decision if they disagree. This was an issue in the case Johnson v. Johnson, 4D2023-3111 (Fla. 4th DCA September 4, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Inconsistencies in a Florida family law final judgment can leave the parties in a place of uncertainty. This is why it may be important to address inconsistencies through appropriate filings with the court, especially as it relates to the best interest of children. This was an issue in the case Dowers v. Johnson, 4D2024-0493 (Fla. 4th DCA July 31, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What happens when a judge’s written ruling does not match the judge’s oral ruling in a Florida family law case? Usually, a judge will orally announce a ruling at a hearing to the parties and then a written order documenting the ruling will be entered later. Inconsistencies between the oral and written orders were an issue in the case Silver v. Goodrich, 4D2024-0259 (Fla. 4th DCA June 5, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent is sentenced to a lengthy imprisonment, how does this affect child custody rights in Florida? The paramount concern in a Florida child custody case is the best interest of a child. While there is no one-size-fits-all approach to addressing cases in which one parent is incarcerated, the court can take into consideration the feasibility of visits with the incarcerated parent and telephone communication. This was an issue in the case Mitchell v. Ahmed, 1D2022-1896 (Fla. 1st DCA December 13, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is a psychological parent in the context of a Florida family law case? This is a person who acts as a parent to a child (the child may even refer to this person as a parent) but the person is not actually a legal parent of the child. This is common in the case of stepparents or other relatives who may step into the role of a parent for a child. Florida generally does not recognize any rights for psychological parents. So if a legal parent objects to the psychological parent being involved in a child’s life, it is very likely that the psychological parent will not be granted any rights to the child. This was an issue in the case Quiceno v. Bedier, 3D23-203 (Fla. 3d DCA August 23, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A parent who is shown to have anger and substance abuse issues may be limited to supervised visits with a child. Can a court order that parent to attend counseling, to refrain from consuming alcohol and/or to join Alcoholics Anonymous (AA)? This was an issue in the case Tucker v. Tucker, 5D23-208 (Fla. 5th DCA July 7, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Modifications to a parent’s time-sharing in Florida generally cannot be done without notice to the parent. This means a motion and an opportunity to be heard. Sometimes courts schedule case management conferences which are hearings at which the court determines the status of the case, and the next steps. These are not usually noticed as evidentiary hearings, so when substantive action is taken in a case at these types of hearings, there are due process concerns. This was an issue in the case Nomura v. Hata, 3D22-1731 (Fla. 3d DCA January 18, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is a social investigation in a Florida child custody case? According to the Florida Statutes, “In any action where the parenting plan is at issue because the parents are unable to agree, the court may order a social investigation and study concerning all pertinent details relating to the child and each parent when such an investigation has not been done and the study therefrom provided to the court by the parties or when the court determines that the investigation and study that have been done are insufficient. [. . .] A social investigation and study, when ordered by the court, shall be conducted by qualified staff of the court; a child-placing agency licensed pursuant to s. 409.175; a psychologist licensed pursuant to chapter 490; or a clinical social worker, marriage and family therapist, or mental health counselor licensed pursuant to chapter 491.” See Fla. Stat. Chp. 61.20.
