Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a case is referred to a general magistrate versus a hearing officer in a Florida family law case, different procedures may apply when it comes to appealing the report or recommended order that results. This was an issue in the case Oliva v. Oliva, 3D22-745 (Fla. 3d DCA March 15, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is shared parental responsibility in Florida? This refers to the right of each parent to make major decisions regarding their children, including what school they attend, what doctor they see, etc. When there is shared parental responsibility, it means both parents must agree on these issues before they are decided. This is different from sole or ultimate decision-making authority, which means one parent makes the decisions without regard to the other parent’s input or opinion. This was an issue in the case Rankin v. Lounsbury, 3D21-2472 (Fla. 3d DCA March 15, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is discovery in a Florida family law case? This refers to a process in which each party can request documents or other evidence to prove his or her side of the case. For example, in discovery, a party might request the other party’s bank statements, paystubs and tax returns to determine income for purposes of calculating alimony or child support. Is there a limit on discovery? This was an issue in the case Flynn v. Flynn, 2D22-1172 (Fla. 2d DCA March 10, 2023).
Posted by Nydia Streets of Streets Law in South Florida Family Events
This last weekend of April is filled with adventures with our weekend family fun guide!
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a judge be disqualified from a Florida family law case for holding an evidentiary hearing without notice to one party? Depending on the circumstances, this may be enough to create a well-founded fear that a party will not receive a fair trial before the judge. This was an issue in the case Erren v. Marin, 4D22-2515 (Fla. 4th DCA March 8, 2023).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What happens if I do not appear at a domestic violence hearing in Florida? Depending on the circumstances, if the person who does not appear is the accused, he or she may have a domestic violence injunction entered against him or her. If the person who does not appear is the victim, the petition might be dismissed. There are circumstances, however, in which adverse action against the person who does not appear is improper. This was an issue in the case Spencer v. Kelner, 4D22-2276 (Fla. 4th DCA March 8, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Filing your petition for divorce in Florida is the first step to getting the court to decide the issues in your case. Because the law requires that you give notice to the court and the opposing party about the issues that need to be decided, the wording of your petition is important. When you get to trial, it is also important that you let the court know about everything you are asking for, or you could be deemed to have waived your requests. This was an issue in the case Stephanos v. Stephanos, 4D21-2782 (Fla. 4th DCA March 8, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a party’s failure to pay ordered attorney’s fees in a Florida family law case be addressed by a motion for contempt? This was an issue in the case Martinez v. Martinez, 3D22-177 (Fla. 3d DCA March 8, 2023).
Posted by Nydia Streets of Streets Law in South Florida Family Events
Celebrate Earth Day and more with our Weekend Family Fun Guide!
Posted by Nydia Streets of Streets Law in Florida Child Custody
A petition for temporary custody by an extended relative can be filed in Florida by (a) A relative of a minor child within the third degree by blood or marriage to the parent; (b) The stepparent of a minor child if the stepparent is currently married to the parent of the child and is not a party in a pending dissolution, separate maintenance, domestic violence, or other civil or criminal proceeding in any court of competent jurisdiction involving one or both of the child’s parents as an adverse party; or (c) An individual who qualifies as “fictive kin”, defined by the Florida Statutes as “a person unrelated by birth, marriage, or adoption who has an emotionally significant relationship, which possesses the characteristics of a family relationship, to a child.” A temporary custody order was at issue in the case E.L. v. A.L., 2D22-825 (Fla. 2d DCA March 3, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Can equitable distribution and alimony overlap in a Florida divorce? This is possible, for example, when a court awards a party a greater share of marital assets as a form of lump sum alimony. This was an issue in the case Goodman v. Goodman, 6D23-248 (Fla. 6th DCA February 24, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
How long do I have to appeal my Florida family law case? The answer depends on many factors, one being whether or not the order being appealed is final or non-final. In most cases, it is important to file a motion for rehearing, and this motion may or may not pause the deadline for appeal. This was an issue discussed in the case Danforth v. Danforth, 6D23-207 (Fla. 6th DCA February 24, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
What happens to student loans taken out during the marriage for adult children of a divorcing couple? If the either or both parents co-signed for the loan during the marriage, this is most likely going to be considered a marital debt which is jointly owed by the parents. How does this affect the equitable distribution during the divorce when considering that the loan may also be eventually paid by the adult children? This was an issue in the case Dunkel v. Dunkel, 5D23-55 (Fla. 5th DCA February 28, 2023).
Posted by Nydia Streets of Streets Law in South Florida Family Events
This weekend, it’s all about celebrating families and parents’ night out with our South Florida weekend family fun guide!
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
How recent must allegations of domestic violence be in Florida to support an injunction? In order to obtain an injunction, one element that must be proven is that the victim has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence. If the last act of domestic violence occurred over a year ago for example, the victim may have trouble proving reasonable case to believe imminent danger. This was an issue in the case Woods v. Woods, 5D22-825 (Fla. 5th DCA February 24, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
What constitutes a settlement offer versus an invitation to negotiate in a Florida family law case? Sometimes, lawyers will send offers of settlement to each other to try to resolve the case. When correspondence about these offers indicates it is “not an offer”, this may be an indication that it is only an invitation to negotiate. This was an issue in the case Vera v. Toledo, 3D22-0969 (Fla. 3d DCA March 1, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
A corporate entity is sometimes included as a party in a Florida divorce when a spouse has an ownership interest in the entity. This is because the rights of the corporation may be affected by the divorce proceedings. This was an issue in the case Maddox v. Maddox, 2D21-517 (Fla. 2d DCA February 24, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
A general magistrate is a judicial officer who holds a hearing and enters a recommended order which is ratified by the judge unless either party objects to the recommended order. If there is an objection, the judge must hold a hearing to determine if the objection is valid. This was an issue in the case Edmonds v. Edmonds, 6D23-97 (Fla. 6th DCA February 17, 2023).
Posted by Nydia Streets of Streets Law in South Florida Family Events
Happy Easter weekend! Our family fun guide gives you options including moon viewing, chess and a fair.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a parent be held in contempt of a Florida child custody order if there are conflicting orders concerning the exchange of the child? In order to be held in a contempt, the terms of the order at issue must be clear and concise in stating what a party can or cannot do. An unclear or contradicting order may be insufficient to hold a party in contempt. This was an issue in the case Varner v. Varner, 5D23-107 (Fla. 5th DCA February 17, 2023).
