Miami family law attorney blog
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Miami paternity case
Posted by Nydia Streets of Streets Law in Florida Paternity
If DNA testing shows a male is not related to a child, does this mean the male is not the legal father of the child? If the male is listed on the birth certificate, he is the legal father until otherwise determined. Biological connection is not the determining factor in establishing legal parenting rights over a child. This was an issue in the case N.D. v. J.B., 2D23-686 (Fla. 2d DCA March 15, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A recent appellate case seems to test many parts of Florida paternity laws where a man who believed he was the biological father of a child born outside of wedlock was proven wrong on both fronts. The case is Orosco v. Rodriguez, 6D23-1415 (Fla. 6th DCA December 15, 2023).
Posted by Nydia Streets of Streets Law in Florida Paternity
Does being on a birth certificate give a father any parenting rights in Florida? According to Florida Statutes, the mother of a child born outside of wedlock is considered the natural guardian of the child and is entitled to full care, custody and control of the child until a court order is entered stating otherwise. See Fla. Stat. 744.301(1). This was an issue in the case Moritz v. Stonecipher, 4D22-2999 (Fla. 4th DCA March 15, 2023).
Posted by Nydia Streets of Streets Law in Florida Paternity
How long does a party have to appeal a Florida family law order? Generally the rule is 30 days with some exceptions. Following the specific deadline for the type of order you are trying to appeal is important to ensure the appellate court has jurisdiction to consider your appeal. What if a party claims he or she never received a copy of the order he or she wanted to appeal, and therefore did not know the 30 days had passed? This was an issue in the case Diasolwa v. Burneikis, 3D21-0899 (Fla. 3d DCA November 30, 2022).
Posted by Nydia Streets of Streets Law in Florida Paternity
What is a sperm donor under Florida law? Parties who agree to have a child via at home insemination kits likely do so to save money involved with going through a laboratory to complete in vitro insemination. How does this process affect paternity? This was an issue in the case Enriquez v. Velasquez, 5D21-1542 (Fla. 5th DCA November 3, 2022).
Posted by Nydia Streets of Streets Law in Florida Paternity
If my child was removed from the state of Florida without my consent, can I file a petition for child custody in Florida? This is a question asked by many parents who feel their child was wrongfully removed from Florida. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is what a Florida court will look to when deciding if there is jurisdiction over a child custody case. This was an issue in the case Chatani v. Blaze, 3D21-2321 (Fla. 3d DCA August 17, 2022).
Posted by Nydia Streets of Streets Law in Florida Paternity
Can a father request a DNA test at any time in Florida? The simple answer is no. Once a father acknowledges paternity by affidavit and he does not rescind that acknowledgement within 60 days, his paternity is confirmed and can only be challenged on grounds of fraud, duress or material mistake of fact. This was an issue in the case Dept. of Rev. o/b/o Zelaya v. Trochez, 3D22-0795 (Fla. 3d DCA August 3, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Is mediation required in a Florida family law case? The answer depends on the procedures and rules set forth in the court in which your case is proceeding. In Miami-Dade County, for example, mediation is generally required in family law cases before a trial date can be set. This is most likely because the court wants to give the parties an opportunity to resolve the case on their own terms rather than having the court decide what happens. This was an issue in the case Kiger v. Kiger, 3D21-1150 (Fla. 3d DCA February 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Paternity
Establishing legal paternity of a child in Florida is not based on DNA testing alone. A child may be raised by a parent who is on the birth certificate, but is not biologically related to the child. Disestablishment and establishment of paternity was an issue in the case Castillo v. Rodriguez, 3D20-681 (Fla. 3d DCA December 22, 2021).
Posted by Nydia Streets of Streets Law in Florida Paternity
When a Florida final judgment of paternity is inconsistent, a party may challenge the judgment by filing a motion for rehearing or ultimately, an appeal. An unclear judgment may be difficult for parties to follow so it is important to clear up any confusion. This was an issue in the case A.A. v. D.W., 2D20-234 (Fla. 2d DCA September 3, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Supervised time-sharing can be ordered in a Florida parenting plan when it is in the best interest of a child. A recent Florida Supreme Court case, C.N. v. I.G.C., No. SC20-505 (Fla. Apr. 29, 2021), makes it clear that when supervised visits are ordered, a court does not have to specify steps the parent must take to regain unsupervised visits. This is illustrated in the case Piccinni v. Waxer, 5D20-528 (Fla. 5th DCA May 14, 2021).
Posted by Nydia Streets of Streets Law in Florida Paternity
Can a party be held in contempt for failure to pay court-ordered attorney’s fees in a Florida family law case? If the party willfully refuses to pay (meaning he or she has the ability to pay but chooses not to), an order of contempt may be entered. The penalty could include jail time or other coercive measures. This was an issue in the case Williams v. Samuels, 2D20-967 (Fla. 2d DCA February 17, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a party willfully refuses to follow a court order, that party may be held in contempt by the court. Contempt carries the possibility of punishment ranging from monetary fines to incarceration. A father who refused to surrender his child’s passport to the mother of the child in violation of a court order was the subject of the case Harrington v. Pospishil, 4D20-891 (Fla. 4th DCA February 17, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Attorney’s fees can be awarded in a Florida paternity case where the financial resources of the parties are disproportionate. This award can be made without regard to who ultimately prevails in the case. An award of fees is determined in two parts - first the entitlement to fees and then the r
Posted by Nydia Streets of Streets Law in Florida Child Support
How long does it take to establish paternity in Florida? The answer depends on what issues are disputed in the case - if parties do not agree on time-sharing, for example, this may mean lengthy litigation. Disputes over calculation of child support can also take time. In the case D.H. v. J.H., 2D19-3968 (Fla. 2d DCA January 20, 2021), the parties were involved in a paternity lawsuit for more than two years.
Posted by Nydia Streets of Streets Law in Florida Paternity
Can attorneys’ fees be awarded in a Florida paternity case? The short answer is yes. The parties may agree otherwise, but there are limits to how they can agree. This is highlighted in the case Nishman v. Stein, 2D19-697 (Fla. 2d DCA April 17, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When filing a paternity case in Florida, it is important to know which court has proper jurisdiction over the child custody part of your case. The issue of jurisdiction often arises in these types of matters when one parent moves to another state close to the time the case was filed. This happened in Martinez v. Lebron, 5D18-2966 (Fla. 5th DCA November 15, 2019).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Because supervised visits in Florida child custody cases usually severely restrict a parent’s access to a child, the law requires that certain provisions be included in an order which includes this type of visitation. The case T.D. v. K.F.., 2D18-4291 (Fla. 2d DCA November 8, 2019) goes over these provisions.
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.
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.
