Viewing entries tagged
Miami paternity case

Payment plans for attorneys' fees require factual findings

Posted by Nydia Streets of Streets Law in Florida Child Support

Attorneys’ fees can be awarded in a child support case, including modification matters. In the case Scire v. Hoffman, 4D18-1606 (Fla. 4th DCA 2019), the father appealed an order awarding attorneys’ fees and costs to the mother in a modification of child support. The court awarded over $16,000 in fees to the mother, payable to the father in equal monthly installments over a 5-year period.

Name change for a child in Florida requires certain findings

Posted by Nydia Streets of Streets Law in Florida Name Change

Unmarried parents who are involved in a Florida paternity case may dispute a change in the child’s name. In Bowman v. Hutton, 1D18-3400 (Fla. 1st DCA 2019), the parties disputed a change in the child’s last name. The court hyphenated the child’s last name using both parents’ last names and the mother appealed.

Requirements for requesting a psychological evaluation in a Florida child custody case

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

If a party to a Florida family law case wants the other party to undergo psychological testing, specific steps must be followed. The rule guiding these types of evaluations is found in the Florida Family Law Rules of Procedure. Generally, the party seeking such an evaluation must show that good cause exists for one and that the condition subject to examination be in controversy. Such evaluations are most commonly requested in cases involving a child custody dispute.

Disestablishing paternity in Florida

Posted by Nydia Streets of Streets Law in Florida Paternity

For a male wishing to disestablish his paternity in Florida, time is of the essence. The law places the burden on a man who knows he is not the father of a child to take certain steps to preserve his argument that he should not be legally responsible for the child. The case DOR v. Augustin, 237 So.3d 1123 (Fla. 3d DCA 2018) shows us what steps must be followed in order to disestablish paternity in Florida.

Requesting a paternity test in a Florida family law case

Posted by Nydia Streets of Streets Law in Florida Paternity

In a case published just yesterday, the Third District Court of Appeal in Florida reversed a trial court order which mandated a paternity test as part of a stalking case. The case was presented to the appellate court as a writ for certiorari which can be sought when a party shows (1) a departure from the essential requirements of the law, (2) resulting in material injury for the remainder of the case, (3) that cannot be corrected on post-judgment appeal. See Llanos v. Huerta, 3D18-1902 (Fla. 3d DCA 2018).

Protecting Florida paternity rights after a break up

 Posted by Nydia Streets of Streets Law in Florida Paternity

The father of a child born outside of wedlock in Florida should take important steps to ensure that he has parental rights. Being named on a birth certificate does not automatically grant parental rights such as visitation and decision-making authority.

Requirements for disestablishing paternity in Florida

Posted by Nydia Streets of Streets Law in Florida Paternity

Disestablishing paternity in Florida requires careful and timely steps to be taken to ensure that a non-biological father is no longer legally responsible for a child. It is not enough to have a test confirming that a male is not biologically related to a child as we see in the case Fla. Dept. of Revenue v. Augustin, 3D16-622 (Fla. 3d DCA2018).

Appellate fees authorized in Florida paternity cases

Posted by Nydia Streets of Streets Law in Florida Paternity

The Florida Statutes contain voluminous sections regarding domestic relations, including divorce, child support, paternity and the like. Paternity is included in a different chapter under the statutes than divorce. For this reason, confusion arose as to the applicability of the attorneys’ fee statute to paternity cases, and this was discussed in a case published in the beginning of this year known as McNulty v. Bowser, 233 So.3d 1277 (Fla. 5th DCA 2018).

Florida paternity: Biological fathers and legal fathers

Posted by Nydia Streets of Streets Law in Florida Paternity

Father’s rights received a boost in Florida this year when the Florida Supreme Court issued a decision which clarified that biological fathers of children born in an intact marriage have the right to assert paternity. Before this ruling, the presumption that a child born to an intact marriage was the child of the husband of that marriage (even if not biologically related) defeated many biological father’s claims for paternity. Another recent case applies the new ruling to allow a biological father to pursue his parental rights over his twin children.

Recent Florida case expands fathers' rights

Posted by Nydia Streets of Streets Law in Florida Divorce

In what could be viewed as a turning point in Florida law on fathers' child custody rights, the Florida Supreme Court recently issued a decision which grants standing to unmarried fathers to establish paternity despite the objection of the mother of the child and her husband. The case Simmonds v. Perkins, SC17–1963 (Fla. 2018) may give hope to fathers who show a vested interest in being a part of their children's lives. 

Can I request a DNA test if I am paying Florida child support?

Posted by Nydia Streets of Streets Law in Child Support

When a man believes he is not the father of a child for whom he is paying child support, can he request DNA testing? The answer depends, among other factors, on why he is requesting the test and what steps he's taken after finding out that he is not the biological father. In the case Meeker v. Meeker, 214 So.3d 766 (Fla. 5th DCA 2017), we review a trial court's decision to order a DNA test in a proceeding to enforce an out-of-state child support order. 

Remember to attend the required parenting course in your Miami child custody case

Posted by Nydia Streets of Streets Law in Child Custody 

Kids may take just as much of an emotional hit as the parents when it comes to divorce. The adjustment for the children in transitioning from one household to two and seeing their parents break up can be difficult. This is one of the reasons why the Florida family courts require parents to take a course aimed at successful co-parenting in the midst of separation. 

Ordering parent-child communication in a Florida child custody case

Posted by Nydia Streets of Streets Law in Child Custody 

Maintaining a strong parent-child bond does not always begin and end with time-sharing. Electronic communication, such as phone and video conferencing, are important ways to reinforce the bond between parent and child, and is especially useful in the case of long-distance parenting plans in which one parent resides far away or out-of-state.  Florida law provides certain parameters for ordering electronic communication between parents and children.

Enforcing Florida child custody rights

Posted by Nydia Streets of Streets Law in Child Custody 

Sometimes the easy part of a child custody case is establishing a Florida parenting plan and the difficult part is making sure it is followed. When a parent refuses to follow the court-ordered time-sharing or visitation in place, this can frustrate the rights of the other parent. Florida law provides some remedies and punishments designed to deter such behavior. 

Determining parental responsibility in a Miami child custody case

Posted by Nydia Streets of Streets Law in Child Custody

Parental responsibility is an important designation made in a Miami child custody case which refers to the right of the parents to make major decisions regarding their children.  The court can award shared or sole parental responsibility, or a mix of both. How the court determines this is fact-specific. 

Miami child custody: Provisions to consider for your Florida parenting plan

Posted by Nydia Streets of Streets Law in Child Custody 

When divorcing or separating parents are involved in a Miami child custody case, many want to know what is required in a parenting plan. A Florida parenting plan is a road map parents agree to follow or are ordered to follow that describes how the parents will cooperate in raising their child until the child turns 18. Some basic required provisions contribute to the foundation for a successful co-parenting relationship. 

Factors used to determine time-sharing in a Florida child custody case

Posted by Nydia Streets of Streets Law in Child Custody 

Florida child custody cases are no doubt difficult to decide when parents do not agree on a time-sharing schedule and parental responsibility. Above all, the court must consider the best interest of the child when creating a parenting plan. There are several factors the court looks at to determine the best interest of the child.