Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a Florida court enforce an out-of-state child custody order? This was an issue in the case Lopez v. Latif, 5D2025-2142 (Fla. 5th DCA March 6, 2026).
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Miami Child Custody Attorney
Posted by Nydia Streets of Streets Law in Florida Child Custody
If a parent relocates to another state before the filing of a petition concerning child custody, is the case controlled by relocation factors in Florida Statute Chp. 61.13001? This was an issue in the case Ramos v. Hunter, 4D2025-0369 (Fla. 4th DCA March 11, 2026).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a Florida family court temporarily modify a Florida parenting plan? This was an issue in the case Santander v. Peralta, 4D2026-0240 (Fla. 4th DCA February 25, 2026).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent in a Florida child custody case misbehaves, does this affect the trial court’s ability to order shared parental responsibility? This was an issue in the case Bowman v. Kardash, 2D2024-2823 (Fla. 2d DCA February 25, 2026).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a party does not appear at a Florida child custody trial, the court may enter an order that is adverse to that party. The court must still hold an evidentiary hearing and make findings about the best interest of the child. This was an issue in the case Trigueiro v. Oliveira, 6D2024-2132 (Fla. 6th DCA February 13, 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
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 Support
When imputing income to a parent for purposes of calculating child support in Florida, specific findings are required. The burden of proof is on the party requesting that income be imputed. This was an issue in the case Wolverton v. Wolverton, 6D2023-3821 (Fla. 6th DCA November 26, 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 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 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
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).