Florida long-distance parenting plan reversed for lack of due process

Florida long-distance parenting plan reversed for lack of due process

Posted by Nydia Streets of Streets Law in Florida Child Custody

When parents live in different states this can give rise to a long-distance Florida parenting plan. The best interest of the child is the paramount concern in creating a parenting plan. In Edkin v. Edkin, 5D19-2590 (Fla. 5th DCA March 20, 2020) at issue was a long-distance parenting plan that provided for a rotating timesharing schedule between two states.

Florida child custody: Emergency pick-up orders

Florida child custody: Emergency pick-up orders

Posted by Nydia Streets of Streets Law in Florida Child Custody

A basic rule in Florida family law cases is that a party must be on notice of relief that may be granted at a hearing. In the case Ramirez v. Ramirez, 4D19-3260 (Fla. 4th DCA March 18, 2020), the court considered the issue of a mother’s appeal of an award of temporary sole parental responsibility to the father.

The importance of timely appealing a Florida family law order

The importance of timely appealing a Florida family law order

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

It is important that a party file an appeal of a Florida family law order in a timely manner. This is because an appellate court loses jurisdiction to consider the appeal if the appeal is filed too late. In the case Sitaram v. Alley, 5D19-2536 (Fla. 5th DCA March 20, 2020), the former husband appealed an order that arose from his Florida divorce case, and the issue of the timeliness of his appeal was the focus.

Florida child custody case cannot be decided based on parent's litigation misconduct

Florida child custody case cannot be decided based on parent's litigation misconduct

Posted by Nydia Streets of Streets Law in Florida child custody

What happens when a parent does not show up for a trial in a Florida child custody case? This issue arose in the case Booth v. Hicks, 2D18-4651 (Fla. 2d DCA March 18, 2020) in which the mother appealed a final judgment that granted the father sole parental responsibility and certain timesharing after she failed to appear at the final hearing.

Recipes for your weekend

Recipes for your weekend

Posted by Nydia Streets of Streets Law in South Florida family events

We continue to send best wishes to those affected by the current health crisis. While we remain vigilant and continue our efforts to remain under quarantine, here are some of our tried and true, favorite recipes that may help spice up your meal routine this weekend.

Florida domestic violence cases and due process

Florida domestic violence cases and due process

Posted by Nydia Streets of Streets Law in Florida Domestic Violence

A petition for injunction against domestic violence in Florida must be supported by a petition that recites the allegations on which the petitioner relies to seek relief. This is so that the other party is on notice as to what he or she needs to defend against at the hearing. This issue arose in the case Stanlick v. Stanlick, 2D18-4938 (Fla. 2d DCA March 13, 2020).

Considerations for elderly parties in a Florida divorce

Considerations for elderly parties in a Florida divorce

Posted by Nydia Streets of Streets Law in Florida Divorce

After a long-term marriage in Florida, issues of alimony and equitable distribution are expected to play a part in a divorce proceeding. In Sager v. Sager, 4D19-1722 (Fla. 4th DCA March 11, 2020), the parties were married for 34 years by the time they divorced, and the trial court awarded the former wife an unequal distribution of marital assets, which the former husband appealed among other issues.

Florida divorce agreements: Indemnity clause versus prevailing party clause

Florida divorce agreements: Indemnity clause versus prevailing party clause

Posted by Nydia Streets of Streets Law in Florida Divorce

Equitable distribution in a Florida divorce can sometimes become complicated when a marital asset is encumbered by multiple liens. This can be an issue even after the final judgment is entered or after the parties enter a marital settlement agreement. In the case Law v. Law, 3D18-1177 (Fla. 3d DCA March 4, 2020), the former wife sought to have the former husband follow the parties’ agreement as it relates to a debt on a marital asset.

Recipes for your weekend

Recipes for your weekend

Posted by Nydia Streets of Streets Law in South Florida family events

We continue to send best wishes to those affected by the current health crisis. While we remain vigilant and continue our efforts to remain under quarantine, here are some of our tried and true, favorite recipes that may help spice up your meal routine this weekend.

Domestic violence can be a basis to modify a Florida parenting plan

Domestic violence can be a basis to modify a Florida parenting plan

Posted by Nydia Streets of Streets Law in Florida Child Custody

Incidents of domestic violence in the presence of a child can lead to modification of a Florida parenting plan. In Meyers v. Meyers, 2D18-4931 (Fla. 2d DCA March 6, 2020), the former wife filed a petition for modification, alleging there was domestic violence between the former husband and his current wife in the presence of the parties’ child.

Sanctions against lawyer for failing to appear at Miami divorce trial reversed

Sanctions against lawyer for failing to appear at Miami divorce trial reversed

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

What happens when a lawyer does not show up for a scheduled hearing in a Florida family law case? This was at issue in the case Zhou v. Yuwen Chen, 3D19-1671 (Fla. 3d DCA March 4, 2020) in which the trial court sanctioned a lawyer almost $2,000.00 for failing to appear for a divorce trial.

Attorneys' fee provisions in Florida marital settlement agreements are generally enforced

Attorneys' fee provisions in Florida marital settlement agreements are generally enforced

Posted by Nydia Streets of Streets Law in Florida Divorce

Most Florida marital settlement agreements contain what is known as a default provision. This provision provides that when post-judgment litigation occurs such as enforcement or contempt, the prevailing party will be entitled to payment of his or her attorneys’ fees and costs by the losing party. In Christensen v. Christensen, 2D19-1292 (Fla. 2d DCA March 6, 2020), the former wife appealed the trial court’s denial of her fees despite such a provision in the parties’ marital settlement agreement.

Finding of detriment to child results in modification of Florida child custody

Finding of detriment to child results in modification of Florida child custody

Posted by Nydia Streets of Streets Law in Florida Child Custody

When a parent loses timesharing as a result of modification of a final judgment in Florida, is the court required to specify steps the parent must take to regain timesharing? This issue arose in the case C.N. v. I.G.C., 5D19-473 (Fla. 5th DCA March 6, 2020) in which the mother appealed the trial court’s modification of her parenting plan to grant the father primary custody.

Recipes for your weekend

Recipes for your weekend

Posted by Nydia Streets of Streets Law in South Florida family events

We continue to send best wishes to those affected by the current health crisis. While we remain vigilant and continue our efforts to remain under quarantine, here are some of our favorite recipes that may help spice up your meal routine this weekend.

Old incidents of domestic violence may be a basis for entry of Florida injunction

Old incidents of domestic violence may be a basis for entry of Florida injunction

Posted by Nydia Streets of Streets Law in Florida Domestic Violence

When a party does not appear at a Florida domestic violence injunction hearing, what happens? If the petitioner is able to present sufficient and credible evidence of domestic violence, it is possible for the court to enter an order in the respondent’s absence. This issue arose in the case Boucher v. Warren, 4D19-356 (Fla. 4th DCA March 4, 2020).

Sole parental responsibility in Florida requires finding of detriment

Sole parental responsibility in Florida requires finding of detriment

Posted by Nydia Streets of Streets Law in Florida Child Custody

Under Florida law, a parenting plan may be modified based on a showing of a substantial change in circumstances that was not contemplated at the time of entering the parenting plan. This applies when a parent wants to modify parental responsibility. In the case Socol v. Socol, 4D18-3565 (Fla. 4th DCA March 4, 2020), a petition for modification was filed in which the mother requested sole parental responsibility.

Dissolving a Florida domestic violence injunction

Dissolving a Florida domestic violence injunction

Posted by Nydia Streets of Streets Law in Florida Domestic Violence

A party against whom a Florida domestic violence injunction has been entered may move to dissolve the injunction on the basis that the factors underlying entry of the injunction have changed or are no longer an issue. In the case Hobbs v. Hobbs, 1D19-1269 (Fla. 1st DCA February 27, 2020), the former husband sought to dissolve a 20-year old injunction entered in favor of his ex-wife.

Non-marital property in a Florida divorce case

Non-marital property in a Florida divorce case

Posted by Nydia Streets of Streets Law in Florida Divorce

Property acquired before marriage in Florida is generally considered separate property. During the marriage, a party may unknowingly take steps which give a non-owning spouse interest in the party’s separate property. In the case Nathey v. Nathey, 2D19-441 (Fla. 2d DCA February 26, 2020), the issue of non-marital property was appealed after the parties’ divorce.