Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Child Custody
Sometimes special circumstances exist that a Florida child custody court must consider when determining time-sharing. For example, a parent who is residing in a half-way house or a rehabilitation center may request time-sharing with a child, but whether or not that time-sharing includes over night visitation requires in-depth review.
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.
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.
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.
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.
Posted by Nydia Streets of Streets Law in Divorce
Pets are considered by many to be family members because of the bond and love shared between the owner and the pet. Florida divorce law, however, views pets are property to be awarded to one spouse or the other, a view that sometimes creates high conflict when spouses cannot agree in their Miami divorce to whom the pet should be awarded.
Posted by Nydia Streets of Streets Law in Alimony
Getting alimony awarded in a Miami divorce is a victory that may be for naught if no life insurance secures the award. You can ask the court to have the spouse ordered to pay alimony obtain a life insurance policy, but there are strict guidelines that must be followed in order for this request to be enforceable.
Posted by Nydia Streets of Streets Law in Child Custody
Sometimes, psychologists are relied on in a Miami child custody case to make a recommendation regarding a child’s best interest. Florida law provides certain safeguards for psychologists to apparently protect them against frivolous lawsuits filed by parents involved in Florida family law cases.
Posted by Nydia Streets of Streets Law in Child Custody
In a Miami child custody case that is highly contested, a parenting coordinator may be the key to peaceful resolution of parental conflict. Florida law puts certain requirements in place to ensure a parenting coordinator addresses the best interest of the parties’ children.
Posted by Nydia Streets of Streets Law in Child Support
Garnishment of wages for payment of Florida child support or alimony is an attractive option for both payors and recipients of support because of convenience. Let’s look at the pros and cons of these types of order for both the payor and the payee.
Posted by Nydia Streets of Streets Law in Child Support
“What do I do if my ex is about to leave the state to avoid paying alimony or child support?” This is a question many have once their support order is entered and they want to make sure the party ordered to pay does not skip town to avoid paying. Florida law provides a remedy in this situation.
Posted by Nydia Streets of Streets Law in Alimony
In some cases, a party is not ready to file for divorce, or has no intention to divorce, but wants to ensure that he or she is receiving adequate financial support from his or her spouse. This is what alimony or child support unconnected to dissolution of marriage is for.
Posted by Nydia Streets of Streets Law in Alimony
There are currently four types of alimony awarded in a Florida divorce: bridge-the-gap, rehabilitative, durational and permanent. The type of alimony awarded is based in part on the length of the marriage; a marriage is considered short-term if it’s less than 7 years, moderate if between 7 and 17 years and long-term if 17 years or greater. Each type of alimony carries certain requirements to be awarded and to be given consideration in a Florida divorce.
Posted by Nydia Streets of Streets Law in Alimony
When a marriage ends due to a cheating spouse, many wonder whether the adultery will affect how much alimony they receive or pay. As with most questions about the law, the answer is “It depends”.
Posted by Nydia Streets of Streets Law in Prenuptial Agreements
If you’re ready to take the important step of marrying your partner, consider the benefits of a prenuptial agreement. Even if you’re already married, a postnuptial agreement may benefit you. Consider frequently asked questions about these agreements to help you understand the benefits.
Posted by Nydia Streets of Streets Law in Prenuptial Agreements
Prenuptial agreements can be classified as special contracts. They’re contracts that are binding like any other contract you might enter, but they’re “special” because the court looks at them with much more scrutiny than other types of contracts. Certain requirements must be met to shield your agreement from attack, and having an experienced attorney on your side can make all the difference.
Posted by Nydia Streets of Streets Law in Prenuptial Agreements
Prenuptial agreements are not just for the wealthy. They can benefit almost anyone wanting to get married because they provide what can be thought of as insurance in case happily ever after does not work out.
Posted by Nydia Streets of Streets Law in Divorce
A Miami divorce court is one of equity, which means in most cases, a judge has discretion to tip the scales of justice in favor of one party if it is fair and reasonable under the circumstances. A good illustration of this is the ability of a Florida divorce court to award setoffs and credits to a spouse upon the sale of the marital home.
Posted by Nydia Streets of Streets Law in Divorce
Income earned during marriage is considered a marital asset in your Miami divorce, and this includes retirement savings. Special rules apply to military retirement plans in a marriage of at least 10 years.
Posted by Nydia Streets of Streets Law in Divorce
In a Miami divorce, when does the “What’s yours is mine and what’s mine is yours” stuff stop once you’ve decided your marriage is over? Florida law is pretty clear on the cut-off date for classifying an asset or debt as marital or non-marital.
