Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Child Custody
A Florida parenting plan can include many provisions, but there are some limits on what is allowable. One provision that is usually prohibited is a prospective change in time-sharing. For example, a parenting plan that says a time-sharing schedule will automatically change once a child turns a certain age may not be enforceable. This was an issue in the case Harrell v. Cook, 1D20-1379 (Fla. 1st DCA January 12, 2022).
Posted by Nydia Streets of Streets Law in Holidays
“Life’s most persistent and urgent question is, ‘What are you doing for others?'” - Martin Luther King, Jr.
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
National Bagel Day kicks off your Martin Luther King, Jr. holiday weekend, and we have some easy, yummy recipes for you to try.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In order to obtain a stalking injunction in Florida, a party must prove two separate incidents of stalking. When the parties to a stalking injunction case are neighbors, an injunction could interfere with the accused’s right to enjoy and be present in his or her own home. This was an issue in the case Sutton v. Fowler, 4D20-1978 (Fla. 4th DCA December 22, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
An unequal division of martial assets and debts in a Florida divorce must be supported by certain findings made by a judge. When a party claims he or she contributed non-marital funds to a marital asset, the burden is on that party to prove the contribution was not a gift to the other spouse. This was an issue in the case Chatten v. Chatten, 4D21-694 (Fla. 4th DCA December 22, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent wants to move more than 50 miles from his or her residence and there is a court-ordered parenting plan in place, the parent must either have the written permission of the other parent to move or must obtain a court order approving the move. The factors a court must consider in determining if relocation should occur are contained in section 61.13001 of the Florida Statutes. This was an issue in the case Mignott v. Mignott, 3D20-1225 (Fla. 3d DCA December 22, 2021).
Posted by Nydia Streets of Streets Law in Florida Paternity
Establishing legal paternity of a child in Florida is not based on DNA testing alone. A child may be raised by a parent who is on the birth certificate, but is not biologically related to the child. Disestablishment and establishment of paternity was an issue in the case Castillo v. Rodriguez, 3D20-681 (Fla. 3d DCA December 22, 2021).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
The holiday season is behind us, and our new year is ahead of us! Focus on your goals this weekend by celebrating National Vision Board Day on January 8 while enjoying our weekend recipe guide.
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A Florida domestic violence injunction is available to a person who is the victim of abuse and is in reasonable fear that the abuse will continue. The incidents alleged cannot be too remote in time, and must put a reasonable person in fear of becoming a victim of domestic violence. An appeal of an injunction was an issue in the case McGuire v. Boscan, 3D20-1419 (Fla. 3d DCA December 1, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
In order for a Florida court to exercise jurisdiction over a child custody matter, the child at issue must have resided in Florida for at least six months prior to the date of filing a petition. Whether or not a child lived in Florida for the required period of time is a question of fact that is decided after an evidentiary hearing. Florida Statutes authorize an award of attorney’s fees for a parent who enforces a foreign custody order in Florida. These were issues in the case Alvarez v. Jimenez, 3D20-610 (Fla. 3d DCA December 1, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent is denied contact with his or her children, there are remedies that can be sought in court. A Florida child custody court retains jurisdiction to modify a parenting plan, including time-sharing, until the children turn 18. When a case gets “stuck” in the system, a parent may need to appeal to a higher court. This was an issue in the case Cisneros v. Guinand, 3D21-1910 (Fla. 3d DCA December 15, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A guardian ad litem can be appointed in a Florida child custody case in order to investigate claims made by the parties, interview the children, and make a recommendation to the court concerning a parenting plan. This was an issue in the case Velasquez v. Mendieta, 3D21-1168 (Fla. 3d DCA November 24, 2021).
Posted by Nydia Streets of Streets Law in Holidays
Happy New Year! Here’s to a happy, healthy, wealthy and love-filled 2022 for everyone. With gratitude, from your favorite Miami family law firm.
Posted by Nydia Streets of Streets Law in Florida Divorce
When a spouse cannot be located, how does the other spouse get a divorce in Florida? The spouse who cannot be located may be served by publication. This means notice of the case is published for four consecutive weeks in a local newspaper to put the absent party on notice that a case is pending. There are specific requirements for the notice if real property is involved. This was an issue in the case Contreras v. Contreras, 3D21-1226 (Fla. 3d DCA December 1, 2021).
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).
