Posted by Nydia Streets of Streets Law in Florida Child Custody
Does a father of a child born outside of wedlock have custody rights? When an unwed father signs an acknowledgement of paternity to be named as the father on a birth certificate, it creates a presumption that he is the legal father of the child in Florida. If neither parent rescinds the acknowledgement or files a judicial action relating to the child within sixty days, the voluntary acknowledgement establishes paternity subject to exceptions. Fla. Stat. § 742.10(4). Does this paternity status give a father a right to obtain custody of a child via a pick-up order? This was an issue in the case Nelson v. Mirra, 5D21-2469 (Fla. 5th DCA March 21, 2022).
Posted by Nydia Streets of Streets Law in Holidays
“We are born of love; love is our mother.” - Rumi
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In order to obtain an injunction for protection against sexual violence in Florida, a petitioner must prove: “(1) that the petitioner is the victim of sexual violence, (2) that the sexual violence was reported to law enforcement, and (3) that the petitioner 'is cooperating in any criminal proceeding against the respondent, regardless of whether criminal charges based on the sexual violence have been filed, reduced, or dismissed by the state attorney.’ § 784.046(2)(c), Fla. Stat. (2020).” See Rollins v. Rollins, 5D21-2301 (Fla. 5th DCA March 18, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
“What happens if I don’t show up to trial in my Florida family law case?” is a question asked in some cases. The consequences of failing to participate in your own trial may be irreversible and detrimental to you. Not showing up means the judge will not hear your full side of the story. This was an issue in the case Pimienta v. Rosenfeld, 3D20-606 (Fla. 3d DCA May 4, 2022).
Posted by Nydia Streets of Streets Law in Firm News
As the proud chair of the Wilkie D. Ferguson, Jr. Bar Association’s Scholarship Committee, I am happy to announce that the 2022 scholarship application is available!
Posted by Nydia Streets of Streets Law in Florida Divorce
What is considered a marital asset or debt in Florida? Generally any assets or debts acquired from the date of marriage until the date of filing for divorce are considered marital and jointly-owned or owed. A tax refund that was given to the former husband after the filing of the petition for divorce was disputed as marital property in the case Padmore v. Padmore, 2D20-3312 (Fla. 2d DCA March 23, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Support
Florida child support is calculated under guidelines using both parents’ net incomes (after taxes and certain statutory deductions) and include expenses such as daycare and health insurance premiums. These guidelines must be included with a final judgment, or an order for child support may be reversed on appeal. This was an issue in the case Dorvilien v. Verty, 4D21-1772 (Fla. 4th DCA March 23, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
This weekend makes for an interesting recipe line-up with National Shrimp Scampi Day, National Oatmeal Cookie Day and National Lemonade Day. You can build a whole meal from the main dish, to dessert to the beverage!
Posted by Nydia Streets of Streets Law in Florida Alimony
What is the standard for awarding permanent alimony in a Florida divorce? Currently, Florida law provides that there is a presumption that permanent alimony is appropriate in marriages lasting 17 years or longer, known as long-term marriages. It is usually an abuse of a court’s discretion to fail to award permanent alimony in a long-term marriage unless the presumption is overcome by competent, substantial evidence. This was an issue in the case Manna v. Manna, 1D21-892 (Fla. 1st DCA March 23, 2022).
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
Is a Mahr enforceable in a Florida divorce? A Mahr is an Islamic prenuptial agreement. As with most foreign prenuptial agreements, Florida will recognize and enforce a Mahr. Florida contract law applies to secular parts of this type of agreement, as was noted in the case Parbeen v. Bari, 4D21-431 (Fla. 4th DCA March 16, 2022).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a long time has passed since the entry of a Florida domestic violence injunction was entered, a party may be able to ask to have it dissolved. The passage of time is not the only factor the court has to consider, however, in determining whether an injunction should be dissolved. This was an issue in the case Labrake v. Labrake, 1D21-456 (Fla. 1st DCA March 16, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
“Will I be required to obtain life insurance to support an alimony award in a Florida divorce?” This is a question many might have when faced with the possibility of paying spousal support. Florida law does allow for life insurance to be paid when an alimony amount is awarded, but there are findings that must be made before this is ordered. This was an issue in the case Murphy v. Murphy, 1D21-1691 (Fla. 1st DCA March 16, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Saturday is National Picnic Day and what a beautiful day to celebrate. Pack your basket with these easy, travel-friendly recipes from our weekend guide.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Appealing a Florida family law case may not be as simple as many think. There are certain steps that have to be followed procedurally before a party can appeal, and it is usually not enough that a party does not agree with a court’s decision to appeal - there has to be a legal basis for appeal. The procedure for appeal was an issue in the case Doukas v. Doukas, 1D21-3002 (Fla. 1st DCA March 16, 2022).
Posted by Nydia Streets of Streets Law in Florida Divorce
Sometimes, a party may be required to pay interest to another party in a Florida divorce case if a payment is overdue. The rate of interest depends on if the parties had a contract specifying the rate. How is the interest calculated? This was an issue in the case Langsetmo v. Metza, 4D21-717 (Fla. 4th DCA March 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Relief not requested in pleadings in a Florida family law case generally cannot be granted by the court. This is because due process requires that each party be given fair and reasonable notice of what he or she must defend against in the proceeding. This was an issue in the case Hernandez v. Hernandez, 4D20-2145 (Fla. 4th DCA March 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a child sees a therapist or other mental health professional, can a parent request the records of the therapy sessions? The patient-therapist privilege, in the case of a minor, belongs to the minor’s parent or guardian. However, a court can hold that a parent is barred from waiving the privilege. This was an issue in the case Bentrim v. Bentrim, 4D21-1303 (Fla. 4th DCA March 9, 2022).
Posted by Nydia Streets of Streets Law in South Florida Family Events and Recipes
Happy Easter weekend! Just in time for spring and renewal, here are some Easter dessert ideas for your family gathering, or just for yourself.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party does not agree with findings or recommendations made by a general magistrate in a Florida family law case, what can be done? According to rules of procedure, a party must object to a general magistrate’s report within 10 days by filing a motion for exceptions, in which case the judge presiding over the case will hold a hearing to review the exceptions to the report. This was an issue in the case Fletcher v. McCulloch, 4D21-2708 (Fla. 4th DCA March 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Support
How long does a party have to enforce a Florida child support order? The right of child support belongs to a child under the law, so it is difficult to argue that a parent “waived” child support arrears by not pursuing them in a timely manner. However, a defense known as laches could be used to defeat a request to enforce past-due child support that has not been pursued in a reasonable amount of time. This was an issue in the case Alcalde v. Alcalde, 3D20-0998 (Fla. 3d DCA March 9, 2022).
