Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Child Custody
If a parent is not following a Florida parenting plan, can the court change the plan? Under certain circumstances, a parenting plan can be amended when it is not being abided by. This was an issue in the case Bruno v. Moreno, 2D20-3172 (Fla. 2d DCA August 25, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
How do you preserve your right to appeal in a Florida family law case? In most cases, it is necessary to make the appropriate objections on the trial level and to file a motion for rehearing. Failure to do so may mean your appeal is denied. This was discussed in the case Spaulding v. Spaulding, 1D20-168 (Fla. 1st DCA August 23, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a person spreads damaging information about a person to third parties, can this be enough to obtain an injunction against stalking in Florida? Generally, the person relaying the information to third parties can show he or she did so for a legitimate purpose and not simply for the purpose of harassing the alleged victim, this is not considered stalking. This was an issue in the case Ozyesilpinar v. Jalali, 3D19-2427 (Fla. 3d DCA August 18, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Today is World Smile Day, a day devoted to smiles and random acts of kindness, according to nationaldaycalendar.com. Food makes us smile, so we hope our weekend recipe line-up brings a smile to you and your loved ones as well!
Posted by Nydia Streets of Streets Law in Florida Child Custody
A petition for relocation in a Florida child custody case is governed by Florida Statute 61.13001. Under this statute, a parent who seeks to relocate in certain situations must obtain the written permission of the other parent or a court order. In the case Izaguirre v. Sanchez, 3D20-1245 (Fla. 3d DCA August 11, 2021), an appeal was taken regarding a non-final order granting relocation to Spain.
Posted by Nydia Streets of Streets Law in Florida Paternity
Due process in a Florida paternity case requires that both parties have adequate notice of what will happen at a hearing. For example, a hearing that is noticed as non-evidentiary which turns into an evidentiary hearing is normally not proper. This was an issue in the case Perez v. Maldonado, 3D21-767 (Fla. 3d DCA July 21, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
What type of discovery is relevant in a proceeding concerning contempt of an alimony obligation? Generally documents showing the financial standing of the party ordered to pay support are relevant to the issue of whether or not the payor had the ability to pay support during the period of non-payment. Relevance of discovery was an issue in the case Schultz v. Schultz, 3D21-1231 (Fla. 3d DCA July 21, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When the parents of a child who is subject to a Florida child custody case live in two different states, or even countries, jurisdiction may be challenged by one of the parties. While a court does not need personal jurisdiction over a parent to make an initial child custody determination, it does need it to adjudicate financial issues. The issue of personal jurisdiction was raised in the case Edwards v. Codrington, 5D20-1966 (Fla. 5th DCA July 30, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
It’s the first official weekend of fall! Get cozy at home with our recipe line-up which commemorates National Quesadilla Day, National Dumpling Day and National Pancake Day all celebrated this weekend.
Posted by Nydia Streets of Streets Law in Florida Adoption
Can a parent voluntarily terminate his or her parental rights in Florida? As stated in a recent Florida family law appellate opinion, “‘In Florida, there are only two means by which a parent’s rights may be terminated: one is through adoption pursuant to Florida Statutes Chapter 63 and the other is through the strict procedures set forth in Florida Statutes Chapter 39, specifically sections 39.46 through 39.469.’” Oral v. Oral, 5D20-2081 (Fla. 5th DCA July 30, 2021) (internal citations omitted). Simply put, parental rights can be terminated via adoption or a dependency action.
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
A Florida prenuptial agreement can affect the rights of third parties who are not part of the agreement. For example, a spouse’s ability to give property to a third party might be affected by the terms of a prenuptial agreement. In the case Rangel v. Rangel, 5D20-2366 (Fla. 5th DCA July 30, 2021), the court considered an appeal by the adult son of a husband going through a divorce regarding certain property given to the son by the husband.
Posted by Nydia Streets of Streets Law in Florida Divorce
The words used (or not used) in a Florida marital settlement agreement are important. A court cannot rewrite the terms of the parties’ contract and must enforce the clear terms “as-is”. This is why it is important to be sure your agreement says what you mean. This was an issue in the case Grey v. Grey, 5D20-1809 (Fla. 5th DCA July 23, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
How do I dissolve a Florida domestic violence injunction? This is a question many have because an injunction affects many aspects of life such as the ability to possess firearms and to hold certain jobs. According to Florida law, “A party seeking to dissolve an injunction for protection entered against him has the burden to establish changed circumstances sufficient to “demonstrate that the scenario underlying the injunction no longer exists so that continuation of the injunction would serve no valid purpose.” Bradley v. Sylman, 5D21-649 (Fla. 5th DCA July 23, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
This weekend, we have National Apple Dumpling Day, National Monte Cristo Day and National Cheeseburger Day all rolled into one! So get your taste buds and your kitchen ready for some good food with our recipe line-up.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
How long does a party have after a final judgment of divorce is entered in Florida to seek attorney’s fees and costs? An award of attorney’s fees in a Florida family law case is generally guided by Florida Statute 61.16 if the request is based on the financial disparity between the parties. The deadline for requesting attorney’s fees was disputed in the case Juhl v. Juhl, 2D20-1176 (Fla. 2d DCA August 13, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a Florida court analyzes need and ability to pay for purposes of awarding alimony, does the analysis stop if the court finds one party does not have the ability to pay alimony? This was an issue in the case Samaniego v. Samaniego, 2D19-3920 (Fla. 2d DCA August 11, 2021).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Attendance at court via Zoom has become a common part of Florida family law cases in the last year or more. Sometimes, technology fails and as a result this can affect a person’s ability to participate in a hearing held by videoconferencing. When this happens, a party may have grounds to set aside an order entered against the party. This was an issue in the case Soles v. Burke, 4D20-1968 (Fla. 4th DCA August 18, 2021).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
How long does a party have to serve the other party with his or her petition in a Florida family law case? According to the rules of procedure, a party has 120 days before the court can issue a notice that service must occur within a certain amount of time or the case will be dismissed. This was an issue in the case Carlos v. Carlos, 4D20-2236 (Fla. 1st DCA August 18, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
This Sunday is National Grandparents’ Day which is a day to honor some of the wisest, kindest people in our lives. How about cooking a recipe for, or with, them to show them how much you love them? Check out our weekend recipe line-up for ideas.
Posted by Nydia Streets of Streets Law in Florida Alimony
What does a court look at to determine if permanent alimony should be paid in a Florida divorce case? Some factors that must be considered are the length of the marriage, the respective financial positions of both parties, and the age and health of both parties. In the case Murkerson v. Murkerson, 1D20-2248 (Fla. 1st DCA August 17, 2021), the former wife appealed the length of her alimony award, among other issues.
