Posted by Nydia Streets of Streets Law in South Florida Family Events**
The most wonderful time of the year continues! Check out these family-friendly holiday events happening in South Florida this weekend.
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).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Life is constantly moving and changing. So it is no surprise that parties find the need to modify their Florida parenting plan after it is entered. In order to modify a parenting plan in Florida, a party seeking to do so must show that there has been a substantial change in circumstances which was not contemplated at the time of the final judgment. While this standard may appear clear cut, there is sometimes confusion in what constitutes a substantial change as shown in the recent case Puhl v. Puhl, 4D18-365 (Fla. 4th DCA 2018).
Posted by Nydia Streets of Streets Law in Florida Child Custody
The case Seligsohn v. Seligsohn, 4D17-2411 (Fla. 4th DCA 2018) provides an example of a case in which many issues can explode from one final judgment. In this matter, the former wife appealed the following issues meriting discussion: (1) the court’s decision to force a sale of homesteaded property to satisfy debt owed to a guardian ad litem; (2) the court’s decision to award ultimate decision making authority to the former husband over the parties’ children; and (3) the court’s order for the wife to attend parenting courses.
Posted by Nydia Streets of Streets Law in Florida Alimony
A case was just published by the Fifth District Court of Appeal in Florida on November 30, 2018 which explores the concept of res judicata in relation to an alimony claim. Res judicata is Latin for “A matter judged”. It can be thought of as double jeopardy in civil cases - the doctrine of res judicata not only bars a party from re-litigating issues that were raised in a case that proceeded to a final judgment, but it also precludes consideration of issues that could have been raised but were not raised at the time the final judgment was entered. See Portwood v. Portwood, 5D17-2713 (Fla. 5th DCA 2018).
Posted by Nydia Streets of Streets Law in South Florida Family Events**
The temperature has cooled down a bit across South Florida these past few days, and how appropriate to match the holiday season! We have your weekend family fun guide to help you celebrate all that is wonderful during this time of year.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Relocation cases are among the most difficult cases to decide because the decision will affect one parent’s usual access to a child. In the recent appellate case Chalmers v. Chalmers, 4D18-2246 (Fla. 4th DCA 2018), the mother appealed the court’s decision to grant the father’s petition for relocation.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Getting a passport for a minor child when you are no longer married to or are not in a relationship with the other parent is a concern many parents have in Florida child custody cases. Depending on who is listed on the child’s birth certificate, you may be able to get a passport issued without the other parent’s participation.
Posted by Nydia Streets of Streets Law in Florida Child Custody
With the holiday season in full swing, child custody cases in Florida may become more active. This is because custody issues seem to spike during holidays. To avoid these issues, here are some tips on successful holiday co-parenting.
Posted by Nydia Streets of Streets Law in Prenuptial Agreements
Divorcing parties in Florida often wonder what belongs to whom when it is time to divide assets and debts. Many incorrectly assume that title to an asset or debt decides who owns or owes these. However, as with many aspects of divorce, it’s not so simple and clear cut.
Posted by Nydia Streets of Streets Law in South Florida Family Events**
Looking for a break from Black Friday shopping? We’ve got you covered with our post-Thanksgiving weekend family fun guide.
Posted by Nydia Streets of Streets Law in Holidays
“No one who achieves success does so without the help of others. The wise and confident acknowledge this help with gratitude.” ―Alfred North Whitehead
Posted by Nydia Streets of Streets Law in Procedure
Can you freeze assets to secure child support and alimony in Florida? In most cases, yes, and you must be sure to present the right evidence and follow the correct procedure to secure such drastic relief. The recent case Olson v. Olson, 4D18-1569 (Fla. 4th DCA 2018) clues us in on what is required.
Posted by Nydia Streets of Streets Law in Florida Divorce
The appellate case Subramanian v. Subramanian, 239 So.3d 719 (Fla. 4th DCA 2018) just published this year reviews a trial court’s decision on gradual timesharing and on equitable distribution of debts incurred after the date of filing the parties’ petition for dissolution.
Posted by Nydia Streets of Streets Law in Florida Alimony
When you can no longer afford your alimony obligation, or on the other side if you need more alimony than was originally awarded due to a change in circumstances, you may have the option of filing a petition for modification of alimony in Florida. Modification can be retroactive to the date you filed your petition, meaning it will go into effect as of the date you filed your petition even if an order on the petition is entered several months later.
Posted by Nydia Streets of Streets Law in South Florida Family Events**
It’s the most wonderful time of the year, marked by tree lighting, light displays and all of the other festive events that come with the holidays! Check out our weekend family fun guide to see what holiday cheer will be spread throughout South Florida.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Are 50-50 timesharing schedules standard in Florida? Chapter 61 of the Florida Statutes does not contain a presumption that equal timesharing is in the best interest of a child. Timesharing is determined based on many factors such as the child’s routine, the parents’ work schedules, whether or not third party caretakers will be involved in the care of the child, and many more factors. When the parties agree to a 50-50 timesharing schedule, is the court required to find it is in the best interest of a child before ratifying the agreement by court order?
Posted by Nydia Streets of Streets Law in Florida Child Support
According to the Florida Statutes, child support can be ordered to be paid until a child graduates from high school even if the child will be 19 when he or she graduates from school. A question that was answered in one recent appellate case deals with whether child support can be modified after a child turns 18 if the child is still in high school.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When two parents live in different states, a Florida parenting plan must take into account how the parties will handle travel in order to effectuate timesharing. Additionally, the parenting plan will specify how parties are able to travel within the United States and to foreign countries. In a recent appellate case R.B. v. B.T., 2D17-2587 (Fla. 2d DCA 2018), the father appealed an order that restricted his timesharing to only two locations, effectively denying him the right to travel outside of the country or to non-specified states with the parties’ child.
Posted by Nydia Streets of Streets Law in Holidays
Happy Veterans Day! I appreciate this day even more so because of my grandfather and my brother who served in the Marines and the Army, respectively. Both have had a huge, positive impact on my life and inspire me to do my job and live my life with honor, good character and humility. To them and to all who have selflessly served our nation, have a great day.