Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Child Custody
In a case of special circumstances, a non-biological parent was granted parental rights of a child born during a marriage in the case Thomas v. Joseph, 1D19-0102 (Fla. 1st DCA September 18, 2019). The parties in this case were involved in post-judgment litigation in which the parental rights of the non-biological parent were cancelled by the trial court’s order.
Posted by Nydia Streets of Streets Law in Florida Child Custody
As often happens in life, people move from city to city, state to state and even country to country. When a Florida child custody case is open, these moves may complicate issues related to jurisdiction. In the recent appellate case Bock v. Vilma, 3D19-1691 (Fla. 3d DCA September 11, 2019), an issue arose as to jurisdiction when the mother relocated to Maryland following residence in Florida with the parties’ minor child during a child custody case that stemmed from a Louisiana child custody order.
Posted by Nydia Streets of Streets Law in Florida Divorce
What is a summary judgment in a Florida divorce and when is it granted? When a party files a motion for summary judgment, he or she is saying to the court that there is no dispute as to one or all of the issues in the case, and there is no need to go to trial on those issues because it would be a waste of time where certain facts are undisputed. So summary judgment is granted when a party shows that both sides admit certain facts that are elements of a claim made in a case. The recent appellate matter Rios v. Quiala, 3D18-898 (Fla. 3d DCA September 11, 2019) is an example of summary judgment and how it is applied in a Florida family law case.
Posted by Nydia Streets of Streets Law in South Florida family events**
Do you feel the holiday spirit yet? If not, our South Florida weekend family fun guide is here to help you! Among holiday events, you can have fun at a Greek festival, attend a taco festival, and more.
Posted by Nydia Streets of Streets Law in Florida Divorce
When one spouse purchases a home using funds earned prior to the marriage, is that spouse entitled to a credit in a Florida divorce for those funds? This issue arose in the recent appellate case Erdman v. Erdman, 5D18-3043 (Fla. 5th DCA September 13, 2019) in which the former wife appealed the trial court’s decision to award the former husband more than 50% equity in the marital home based on the former husband’s claim that the down payment on the home came from funds he earned prior to marriage.
Posted by Nydia Streets of Streets Law in Florida Divorce
In a unique and unfortunate case involving arson and a Florida divorce, a Florida appellate court considered the appeal of a former husband who opposed the trial court’s decision to award the former wife all of the marital assets and to freeze his entire employee stock ownership plan despite only awarding the former wife half of it. The case is titled Hardy v. Hardy, 1D17-277 (Fla. 1st DCA September 9, 2019).
Posted by Nydia Streets of Streets Law in Florida Child Custody
How do you know if a Florida court has jurisdiction over your child custody case? The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a set of rules adopted by a majority of states which sets the standard for how a child custody case involving more than one state is to be handled. Sometimes, because parties move with their children before, during or after a child custody case is initiated, it may not be clear whether or not Florida has jurisdiction to rule on issues related to a parenting plan. This issue is highlighted in the case Awad v. Noufal, 2D18-3448 (Fla. 2d DCA September 13, 2019).
Posted by Nydia Streets of Streets Law in Holidays
“To us in America the reflections of Armistice Day will be filled with solemn pride in the heroism of those who died in the country's service, and with gratitude for the victory, both because of the thing from which it has freed us and because of the opportunity it has given America to show her sympathy with peace and justice in the councils of nations.” - President Woodrow Wilson on the first Veterans Day.
Posted by Nydia Streets of Streets Law in South Florida family events**
It’s a weekend to celebrate our veterans and have fun in the process! Check out this edition of your South Florida weekend family fun guide which has parades, festivals, movie night, a rodeo and more!
Posted by Nydia Streets of Streets Law in Florida Child Custody
In a case in which the court remarked on the time and money spent by both parties in litigating their Florida child custody issues, a major focus was on the time and money that would eventually be spent by the parties in effectuating their parenting plan since each parent lived in a different state. Marini v. Kellett, 5D17-1726 (Fla. 5th DCA August 16, 2019) examines how a court must take into consideration travel time and cost in considering the best interest of a child.
Posted by Nydia Streets of Streets Law in Florida Divorce
There is an issue brewing in Florida family law cases as it relates to the award of attorneys’ fees and costs in a Florida divorce. The case Allen v. Juul, 2D17-2965 Allen v. Juul (Fla. 2d DCA August 9, 2019) certifies conflict with another Florida appellate court as to the requirement that “the trial court's error of failing to make statutorily required factual findings in chapter 61 proceedings must first be raised in the trial court by way of motion for rehearing in order to be preserved for appellate review.” Certifying conflict means the Florida Supreme Court may weigh in and make a final decision as to conflicting decisions between Florida appellate courts.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When one parent lives out-of-state and primary timesharing is awarded to the parent residing in Florida, the court creates a parenting plan that takes into account the state’s policy for each parent to have frequent and continuing contact with their children after separation. One consideration in a Florida long-distance parenting plan is the travel costs that will be incurred as a result of timesharing between two states. In the case Beck v. Lewis, 2D18-2319 (Fla. 2d DCA August 9, 2019), the father appealed a timesharing order that made the out-of-state mother the primary residential parent.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
In what was likely a hotly contested post-judgment child custody modification case in Florida, a non-party was held in contempt and sentenced to jail time for violating the court’s order “to keep any information about the case off social media and to prevent family members from publishing information about the custody action on social media.” That non-party appealed which formed the basis for the recently published appellate opinion In re Contempt Adjudication of Weiner, 2D19-1413 (Fla. 2d DCA August 7, 2019).
Posted by Nydia Streets of Streets Law in South Florida family events**
We hope you enjoyed your Halloween and that you received lots of treats! Enjoy your first weekend of November 2019 with our South Florida family fun guide which includes a color run, a celebration of Dia de Los Muertos and more!
Posted by Nydia Streets of Streets Law in Florida Alimony
When alimony is awarded in Florida, a court must consider several factors to determine the amount and length of the award. The court may also order that the party who pays alimony must secure a life insurance policy to protect the award. In the case Cooper v. Cooper, 2D18-3616 (Fla. 2d DCA August 2, 2019), the former husband appealed an order that obligated him to pay alimony and to obtain life insurance.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What happens when a party does not show up to a hearing in a Florida family law case? Sometimes sanctions as severe as the striking of pleadings can occur. This means the claims or defenses asserted by the party in his or her petition or answer can be “erased” and treated as if they do not exist. This sanction is usually a last resort and is supposed to be used sparingly by courts. This happened to the former husband in the case Lattanzio v. Hoffmann, 3D18-934 (Fla. 3d DCA July 31, 2019).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party fails to meet his or her obligations under a Florida divorce judgment, what remedies are available? The answer depends on what type of obligations are being enforced. If support obligations are at issue, the remedy of contempt is available. Most other obligations in an order cannot be enforced by contempt and must be specifically reviewed to apply appropriate remedies. In the case De Diego v. Barrios, 3D17-1990 (Fla. 3d DCA April 24, 2019), the appellate court considered the appeal of a former husband against whom the trial court entered an equitable lien arising from the former husband’s failure to pay sums due to the former wife for equitable distribution.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Most Florida family courts have what are known as standing orders. These orders typically lay out general duties of each party while a case is pending, and are mainly designed to preserve the status quo while a case is pending. In Dowell v. Knoras, 2D18-4220 (Fla. 2d DCA May 3, 2019), a paternity case, the mother appealed an order finding her in contempt of the court’s standing order prohibiting relocation of a parent and child while a case is pending.
Posted by Nydia Streets of Streets Law in South Florida family events**
Pre-Halloween weekend in South Florida is here along with your weekend family fun guide. Your treats include plenty of Halloween bashes plus not-so-spooky fun such as a craft bazaar and a waterway tour!
Posted by Nydia Streets of Streets Law in Florida Alimony
When alimony is awarded in Florida, a court may also require that the party paying the alimony obtain a life insurance policy that names the ex-spouse as a beneficiary. This is an attempt to protect the receiving spouse’s alimony payments. Before a court can order the maintenance of such a policy, findings must be made as to special circumstances that support the requirement, and as to the availability and cost of the insurance along with the payor’s ability to pay. In the case Manko v. Manko, 5D18-1445 (Fla. 5th DCA May 10, 2019), the former husband appealed the trial court’s decision to deny his motion to reconsider the life insurance requirement.
