Posted by Nydia Streets of Streets Law in Florida Child Custody
When parents cannot agree on a school in which to enroll their child, how does the court decide what is in the best interest of the child? The school boundary determination or designation is usually included in a Florida parenting plan. This is a statement of which parent’s address will be used to register the child for school. But if this is missing, or the parents ultimately do not agree before a parenting plan is entered, the court considers the best interest of the child. This was an issue in the case Velez v. Lafontaine, 5D20-2350 (Fla. 5th DCA April 30, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
The standard for modification of a Florida parenting plan is a substantial, material change in circumstances that was not contemplated at the time of entry of the parenting plan. The court must find that a modification is in the best interest of the child. Does this change have to be permanent to qualify for the modification standard? This was explored in the case P.D.V-G. v. B.A.V.-G., 2D20-1178 (Fla. 2d DCA May 7, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
This weekend has National Sugar Cookie Day, National Pina Colada Day and National Mojito Day all rolled into one - What’s not to love?! Check out our recipe picks for dessert versions of all of these favorites, ranging from cheesecake bars to pies (yum!)
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What are exceptions to a general magistrate’s report in Florida family law cases? This is essentially an appeal of the general magistrate’s findings and/or recommendations to the judge in a case. When a party files a motion for exceptions, he or she may be required to provide a transcript of the hearing that was held before the general magistrate. But the transcript is not always required, as noted in the case Jean v. Jean, 2D19-4137 (Fla. 2d DCA May 7, 2021).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What happens when your family law case is assigned a new judge after a trial is held but before the final judgment is signed by the original judge? This happened in a recent family law case, in which an appeal was taken after a new judge signed a final judgment on behalf of the original judge. The case is Bedwell v. Bedwell, 2D20-1305 (Fla. 2d DCA May 12, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Support
What is judgment on the pleadings in a Florida family law case? This is a motion that tests the legal sufficiency of a petition when there is no dispute as to the facts of the case. If this motion is granted, this means the court agrees that the petitioner has failed to allege relief the court can grant on the facts of the case. In Hilbrands v. Hilbrands, 2D20-1325 (Fla. 2d DCA May 14, 2021), the appellate court considered the appeal of a judgment on the pleadings regarding a request to modify child support and alimony.
Posted by Nydia Streets of Streets Law in Florida Child Custody
If a parent refuses to follow a parenting plan, can a court change custody as part of holding that parent in contempt? The answer depends on if certain procedural requirements have been met. This was an issue in the case J.G.J. v. J.H., 2D20-127 (Fla. 2d DCA April 30, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
As we kick off Independence Day weekend, our weekend recipe guide is all about marinades! You may be grilling, so use these picks to get your meat, fish and vegetables ready to be devoured.
Posted by Nydia Streets of Streets Law in Florida Child Custody
A substantial, unanticipated change in circumstances must be found before a court can modify a Florida parenting plan. A court has less discretion in modifying a parenting plan than it does in initially creating one. This was an issue in the case Idelson v. Carmer, 2D20-1221 (Fla. 2d DCA April 30, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
As part of alimony in Florida, a spouse can be ordered to pay monthly expenses on behalf of a spouse rather than cash payments directly to the spouse. For example, a spouse who has a need for alimony may be entitled to remain living in the marital residence while the other spouse pays the mortgage, taxes and insurance on the home. This was discussed in the case Mercado v. Mercado, 2D19-4553 (Fla. 2d DCA April 23, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A final order in a Florida family law case usually remains in effect until one or both parties challenges the order and a new order is entered. The order can be challenged by appeal, a petition for modification or other procedural avenues available by law. In the case Duryea v. Bono, 2D19-225 (Fla. 2d DCA April 21, 2021), the court considered the appeal of a mother whose request for relocation was denied after it was already previously granted by court order.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
Can a stalking injunction be entered against someone in Florida for posting negative things about someone else online? Social media such as Facebook, Instagram, Twitter, and the like provide a platform for people to express themselves. How a court deciding a stalking injunction views postings on these sites depends on to whom the posts were directed. This was an issue in the case Wright v. Norris, 2D19-4643 (Fla. 2d DCA April 21, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Who loves coconut? We do, and we’re here to pay tribute to this dessert staple for National Coconut Day on June 26! Our weekend recipe guide has picks that incorporate this ingredient ranging from savory (Thai roasted chicken thighs, anyone?) to sweet (buttery coconut bars, yum!).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
After a dispute over the use of an easement that included allegations of yelling, screaming and cursing between two neighboring business owners, a stalking injunction was entered against one of the business owners. He appealed in the case Laquidara v. Houghtaling, 2D19-3400 (Fla. 2d DCA April 16, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Support
An agreement regarding child support will normally be enforced between the parties. There is generally no time limit on when a party can bring an action to enforce past-due child support, but the other party might be able to raise the defense of laches. In the case Delgado v. Delgado, 3D20-1119 (Fla. 3d DCA May 12, 2021), the court considered a case in which a mother waited until the parties’ child was 40 years old to enforce past-due child support arrears.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
How many times can a judge continue a Florida family law case? While judges have discretion to grant or deny requests to delay hearings, this discretion is not absolute. Sometimes too many continuances can affect a party’s due process rights - that is their right to a fair process. This was an issue in the case Sanchez v. Saenz, 3D21-819 (Fla. 3d DCA May 12, 2021) in which the final hearing was continued 8 times, resulting in an ex-parte temporary injunction being in place for over 520 days.
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
A prenuptial agreement entered under the laws of another state can be enforced in a Florida court. In a recent appellate case, a Florida court considered a prenuptial agreement entered in New York and whether or not the alimony award in the contract was meant to be paid after the former husband unexpectedly passed away. The case is Sirgutz v. Sirgutz, 4D20-1875 (Fla. 4th DCA April 28, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Holidays
Happy Father’s Day to our heroes! Make some fun gifts for dad with our DIY gift guide to make his day extra special.
Posted by Nydia Streets of Streets Law in Florida Alimony
Is it possible to modify permanent alimony to durational alimony in Florida? Florida Statute 61.14 covers modification of alimony in Florida. One recent case goes over the issue of modification of the length of alimony and whether or not this is authorized under Florida law. In the case Valby v. Valby, 4D20-459 (Fla. 4th DCA April 28, 2021), the former wife appealed an order modifying the permanent alimony she was receiving.
Posted by Nydia Streets of Streets Law in Florida Child Child Custody
What constitutes a substantial change in circumstances that warrants modification of a Florida parenting plan? It may be easier to say what does not constitute a substantial change. Florida law places a high burden on a parent seeking to modify a parenting plan - a court has much less discretion in modifying a parenting plan than it does in initially creating it. In the case Villalba v. Villalba, 4D20-1474 (Fla. 4th DCA April 28, 2021), the court considered the issue of a parent’s improved living conditions as a basis to modify time-sharing.
