Posted by Nydia Streets of Streets Law in Florida Domestic Violence
How recent must allegations of abuse be in order to support a Florida domestic violence injunction? Since a party must show he or she is in imminent danger of becoming a victim of violence, the acts alleged cannot be too remote in time, and depending on the type of injunction sought, one of the incidents must have occurred within 6 months of filing the petition. This was an issue in the case Files v. Hayes, 1D20-3652 (Fla. 1st DCA September 22, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent relocates but their relocation request is denied, can a court create a future parenting plan for if that parent returns to the jurisdiction? These future parenting plans are known as prospective time-sharing, and they are generally disapproved of under Florida family law. This was an issue in the case Jennings v. Fredes, 1D20-3726 (Fla. 1st DCA September 22, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
National Food Day is this Sunday - a day to focus on nutritious and healthy eating. Bonus: it is also National Mother-in-Law Day, so why not combine both and impress your other mother with some delicious, whole food from our weekend recipe guide!
Posted by Nydia Streets of Streets Law in Florida Divorce
Can a Florida family court award shared parental responsibility but also award ultimate decision-making regarding specific matters affecting children? Ultimate-decision making authority gives a parent the right to be the sole decider over issues specified by the court when the parents do not agree otherwise. This was one issue appealed in the case Moses v. Moses, 5D20-2534 (Fla. 5th DCA September 17, 2021).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A relationship filled with constant breaking up and getting back together may form the basis for a Florida stalking injunction. When one party is ready to make a break up permanent, the other party may not understand the repercussions of continuing with unwanted attempts to contact the party who has moved on. This was the case in the matter of Chiu v. Adams, 5D20-2502 (Fla. 5th DCA September 3, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Support
When there are inconsistencies in a Florida family law order, a party might decide to file a motion for clarification. A motion for clarification asks the court to clear up any unclear parts of an order so everyone knows what their rights and obligations are under an order. A motion for clarification was the subject of the case Ager v. Berger, 5D20-1545 (Fla. 5th DCA September 10, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
What steps are required in equitable distribution in a Florida divorce? According to the Florida Statutes the steps are (1) identification of marital and nonmarital assets, (2) valuation of marital assets, and (3) distribution of marital assets as stated in Fla. Stat. 61.075. In the case Morgan v. Morgan, 2D20-1622 (Fla. 2d DCA September 17, 2021), the court considered an appeal involving equitable distribution, alimony and child support.
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Carb lovers, it’s your weekend to shine! October 17 is National Pasta Day, and we have some delicious pasta recipes to help you celebrate.
Posted by Nydia Streets of Streets Law in Florida Paternity
When a Florida final judgment of paternity is inconsistent, a party may challenge the judgment by filing a motion for rehearing or ultimately, an appeal. An unclear judgment may be difficult for parties to follow so it is important to clear up any confusion. This was an issue in the case A.A. v. D.W., 2D20-234 (Fla. 2d DCA September 3, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
What are some factors a Florida divorce court reviews to determine if a spouse is underemployed when deciding if alimony should be awarded? For one, the court might look at the employment history of the spouse, or consider the testimony of a vocational evaluator who can assess a party’s earning potential. This was an issue in the case Burke v. Burke, 2D20-1398 (Fla. 2d DCA September 3, 2021).
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
A Florida prenuptial agreement, in addition to determining a spouse’s rights in the event of divorce, can also determine a spouse’s rights in the event of death of the other spouse. When a probate court reviews a prenuptial agreement, the analysis may be different than if a divorce court were reviewing the agreement. This was an issue in the case Williams-Paris v. Joseph, et. al., 4D20-1760 (Fla. 1st DCA September 1, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
Does alimony have to be paid to a spouse in a Florida divorce who has money available to him or her through friends or family? Depending on how much money is available and the expectation of the giver as to whether or not the money needs to be repaid, these funds may affect a spouse’s eligibility to receive alimony. This was an issue in the case Stevens v. Travers, 1D20-1018 (Fla. 1st DCA September 15, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Tomorrow is moldy cheese day! But fear not, we have some recipes that incorporate well-known moldy cheeses to make yummy recipes. So get your cooking gear and supplies ready for our weekend recipe guide.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Does a party who is not represented by a lawyer in a Florida family law case have to provide an email address to receive case documents? The Florida Rules of Judicial Administration state how service can be accomplished on a party not represented by a lawyer. In the case Young v. Williams, 1D20-3766 (Fla. 1st DCA September 15, 2021), a pro se party missed a hearing because notice of it was sent to his email address rather than by mail to his home address.
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).
