Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Child Custody
Florida parenting plans apply to minor children. So when a child turns 18, a court usually has no further jurisdiction to determine when or if a parent sees a child, since the child is considered an adult. What about a child custody order that is part of a domestic violence injunction? This was an issue in the case Wall v. Kyramarios-Wall, 5D21-1504 (Fla. 5th DCA December 14, 2021).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party faces a criminal contempt proceeding in a Florida family law case, that party may be subject to penalties that include jail time. Because of this, procedure must be followed very carefully to ensure a person has a fair trial. Fairness includes being able to call witnesses in a party’s defense. This was an issue in the case Willey v. Stillman, 5D20-1636 (Fla. 5th DCA December 3, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
Need and ability to pay attorney’s fees are a paramount consideration when a party asks the court to order the other party to pay fees based on the relative financial circumstances of the parties. A party must show he or she has a need for fees to be paid, and once this is established, that the other party has the ability to pay those fees. This was an issue in the case Middleton v. Middleton, 5D20-1659 (Fla. 5th DCA December 3, 2021).
Posted by Nydia Streets of Streets Law in Holidays
We wish you and yours a very Merry Christmas! Lots of love, good food, and fun is hoped for you today, tomorrow, and always. Enjoy!
Posted by Nydia Streets of Streets Law in Florida Child Custody
It is presumed in Florida child custody cases that shared parental responsibility is in the best interest of children. Shared parental responsibility refers to the right of both parents to make decisions affecting the welfare of their children. Both parents must agree on decisions affecting the welfare of the children. If a parent is granted sole parental responsibility, this means only one parent has the right to make decisions. This was an issue in the case De La Fe v. De La Fe, 2D20-2635 (Fla. 2d DCA December 8, 2021).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A question sometimes asked in Florida family law cases is “Will I be required to provide my medical records to the opposing party?” The answer depends on what is at issue in your case. Even if your medical records are deemed to be relevant, the Court still must recognize a party’s right to privacy regarding medical records. This was an issue in the case Whittington v. Whittington, 1D21-2117 (Fla. 1st DCA December 15, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is the test for determining if a marital asset has been dissipated? Dissipation refers to a spouse’s intentional waste or depletion of a marital asset such as a bank account. If a spouse empties a bank account close to divorce and spends the money on frivolous items that do not benefit the marital household, this could be considered dissipation. This was an issue in the case Pflanz v. Pflanz, 1D20-2786 (Fla. 1st DCA December 15, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a court order a psychological evaluation of parents in a Florida child custody case? Yes, if certain conditions are met. The party requesting that a psychological evaluation take place has the burden of showing that the mental condition of a parent is in controversy and that good cause exists for the examination. This was an issue in the case Pearson v. Pearson, 3D21-1786 (Fla 3d DCA December 1, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Today is National Maple Syrup Day which leads us to some sweet and savory dishes. Check out our weekend recipe line-up for some ideas to incorporate this natural sweetener into your cooking.
Posted by Nydia Streets of Streets Law in Florida Divorce
Family dogs can be a source of emotional conflict in a Florida divorce when the parties do not agree on who should keep the dogs. Pets are considered property in Florida, and therefore are subject to equitable distribution just like vehicles, houses, etc. This can be difficult for parties to understand since pets are viewed by many as family members. A dispute over family pets was one issue in the case Harby v. Harby, 2D20-2602 (Fla. 2d DCA November 17, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Sometimes, parties rely on loans or other financial assistance from family or friends to pay their legal fees in a Florida divorce case. Can the fact that a party has funds available to them from third parties be used as a basis to make that party pay the opposing party’s attorney’s fees in a Florida divorce case? This was one issue appealed in the case Whittaker v. Whittaker, 4D20-641 (Fla. 4th DCA November 17, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent is deprived of contact with a child, a Florida family court may use this as a basis to award full custody to the parent who is deprived of time-sharing. According to the Florida Statutes: “It is the public policy of this state that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing.” Fla. Stat. 61.13(2)(c)(1). This was an issue in the case Reynolds v. Reynolds, 1D21-0951 (Fla. 1st DCA November 17, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is a guardian ad litem in a Florida child custody case? According to the Florida Statutes: “In an action for dissolution of marriage or for the creation, approval, or modification of a parenting plan, if the court finds it is in the best interest of the child, the court may appoint a guardian ad litem to act as next friend of the child, investigator or evaluator, not as attorney or advocate.” Fla. Stat. 61.401. In plain terms, a guardian ad litem is someone appointed by the court to investigate claims made by both sides and to recommend to the court a parenting plan. A guardian’s recommendation and due process were issues in the case Pescod v. Irvin, 2D21-188 (Fla. 2d DCA November 17, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
If you need help getting into the holiday spirit, National Gingerbread House Day celebrated on December 12 might be what you need! Get some inspiration from our weekend recipe guide.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Usually a parenting plan that has been ratified by a final judgment in Florida remains in place until a party files a petition for modification and successfully convinces a court that there has been a substantial change in circumstances which warrants modification. An order temporarily modifying a permanent parenting plan can be entered if there is a showing of emergency circumstances. This was an issue in the case Esse v. Pepe-Katalinas, 5D20-2599 (Fla. 5th DCA November 12, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Support
A parent who voluntarily quits a job may be faced with imputation of income in a Florida child support case. Imputation means a court treats a parent as if he or she were making a certain level of income even if that parent is earning less. It is seemingly meant to encourage parents to maintain their historic earning levels so that children receive the full amount of support to which they are entitled. Imputation was an issue in the case Gillespie v. Minning, 2D20-3430 (Fla. 2d DCA November 3, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Payment of attorney’s fees and alimony are two issues that are common in Florida divorce cases. Whether a court will order one party to pay the other party’s fees, and whether alimony will be awarded depends on many factors. A common consideration in deciding both is need and ability to pay. Alimony and attorney’s fees were issues in the case Watrel v. Watrel, 1D19-3741 (Fla. 1st DCA November 10, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
When parties “misbehave” in Florida family law cases, a court may have grounds to sanction those parties. The sanctions can include payment of the opposing party’s attorney’s fees and costs. Before this sanction can be imposed, a party is entitled to notice and an opportunity to be heard. This was an issue in the case Toth v. Miller, 2D20-863 (Fla. 2d DCA November 12, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
National Cookie Day might be one of the best days of the year, and here it is falling on a Saturday this year. Sounds like a great combination for our weekend recipe guide!
Posted by Nydia Streets of Streets Law in Florida Divorce
If there is a divorce case pending outside of Florida, and then one spouse files a divorce case in Florida, does Florida have jurisdiction to decide the divorce? In some cases, the answer is yes. This was an issue in the case Schmoker v. Schmoker, 2D20-3276 (Fla. 2d DCA November 3, 2021).
