Posted by Nydia Streets of Streets Law in Holidays
Today is a day to celebrate love, and few things are better!
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is intentional interference with custody rights in Florida? This is a cause of action for which a third party can be sued for interfering with a parent’s custodial rights of a child. To prove a claim for this cause of action, a parent must show: “(1) the complaining parent has a right to establish or maintain a parental or custodial relationship with his/her minor child; (2) a party outside of the relationship between the complaining parent and his/her child intentionally interfered with the complaining parent’s parental or custodial relationship with his/her child by removing or detaining the child from returning to the complaining parent, without that parent’s consent, or by otherwise preventing the complaining parent from exercising his/her parental or custodial rights; (3) the outside party’s intentional interference caused harm to the complaining parent’s parental or custodial relationship with his/her child; and (4) damages resulted from such interference.” Glegg v. Van Den Hurk, 4D2023-0026 (Fla. 4th DCA January 10, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Support
Usually when a parent seeks to modify child support in Florida, the court can modify the child support retroactive to the date the parent filed the petition for modification. There is an exception, however, which has to do with time-sharing. This was an issue in the case Hardwick v. Smith, 1D2022-3853 (Fla. 1st DCA December 27, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A recent appellate case seems to test many parts of Florida paternity laws where a man who believed he was the biological father of a child born outside of wedlock was proven wrong on both fronts. The case is Orosco v. Rodriguez, 6D23-1415 (Fla. 6th DCA December 15, 2023).
Posted by Nydia Streets of Streets Law in Florida Adoption
A stepparent adoption can be relatively easy if both legal parents consent to the adoption. As long as certain statutory requirements are met in filing the petition, consent and other required documents, this type of case can be uncontested and resolved fairly quickly. Denial of an uncontested stepparent adoption petition was an issue in the case R.P.M. v. Proposed Adoption of I.R.M., 4D2023-0558 (Fla. 4th DCA December 20, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
For purposes of calculating child support in Florida, a court may impute income to a parent who is not participating in the proceedings. Lack of participation can include a refusal to provide any financial records or information related to a parent’s current income. This was an issue in the case Sadeh v. Calenzani, 3D22-2057 (Fla. 3d DCA December 13, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
Must equitable distribution in a Florida divorce result in an equal division of property and debts? Not always. Equitable does not mean equal. Equitable means what is fair under the circumstances. This was an issue in the case Pringle v. Pringle, 3D22-1464 (Fla. 3d DCA December 13, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
The Florida statutes no longer include provisions for permanent alimony. However, a party may still be required to pay alimony for a significant period of time if the following factors are considered:
1. The extent to which the obligee’s age and employability limit the obligee’s ability for self-support, either in whole or in part.
2. The extent to which the obligee’s available financial resources limit the obligee’s ability for self-support, either in whole or in part.
3. The extent to which the obligee is mentally or physically disabled or has been diagnosed with a mental or physical condition that has rendered, or will render, him or her incapable of self-support, either in whole or in part.
4. The extent to which the obligee is the caregiver to a mentally or physically disabled child, whether or not the child has attained the age of majority, who is common to the parties. Any extension terminates upon the child no longer requiring caregiving by the obligee, or upon death of the child, unless one of the other factors in this paragraph apply.
Fla. Stat. 61.08(8)(b).
Posted by Nydia Streets of Streets Law in Florida Child Support
Can post-judgment interest be awarded on retroactive child support in Florida? A recent appellate case clarifies this issue.
Posted by Nydia Streets of Streets Law in Florida Child Support
How can a parent obtain child support in Florida? The filing of a petition for child support is sufficient in most cases, and can be done independently by the parent or through the State of Florida if the parent has applied for child support services through the Department of Revenue. Dismissal of a petition for child support was an issue in the case Spann v. Payne, 1D2022-3195 (Fla. 1st DCA December 13, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent is sentenced to a lengthy imprisonment, how does this affect child custody rights in Florida? The paramount concern in a Florida child custody case is the best interest of a child. While there is no one-size-fits-all approach to addressing cases in which one parent is incarcerated, the court can take into consideration the feasibility of visits with the incarcerated parent and telephone communication. This was an issue in the case Mitchell v. Ahmed, 1D2022-1896 (Fla. 1st DCA December 13, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
In many Florida courts, parties to a divorce case are subject to a status quo order. This order may prohibit a spouse from cancelling the other spouse’s account access or use. The goal is to maintain the status quo until there is a court order or agreement stating otherwise so spouses do not worry about necessities such as utilities and health insurance being disrupted. Use of a credit card was an issue in the case Scott v. Scott, 5D23-2257 (Fla. 5th DCA December 1, 2023).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
To obtain an injunction for protection against sexual violence in Florida, the statutes require specific steps to be taken by the petitioner. Those steps include reporting the sexual violence to a law enforcement agency and 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. This was an issue in the case Kuschnitzky v. Marasco, 1D2022-1751 (Fla. 1st DCA November 29, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
An administrative child support order entered in Florida may be modified or superseded by a circuit court order. This means that if a parent involved in an administrative proceeding files a petition to supersede or modify the administrative order, the circuit court can order provisions that prospectively modify the order. However, can the circuit court order cancel the provisions of the administrative order? This was an issue in the case State of Florida v. Delva, 3D23-1036 (Fla. 3d DCA November 29, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can attorney’s fees be awarded in a Florida paternity case? Florida law does allow for attorney’s fees and costs to be paid in most family law cases, including paternity cases, based on the relative financial circumstances of the parties. A party who earns substantially more income than the other party might be ordered to pay the other party’s reasonable attorney’s fees and costs. This was an issue in the case Alarcon v. Dagen, 3D22-2027 (Fla. 3d DCA November 1, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Terminating a parent’s rights in Florida requires that the court make findings with clear and convincing evidence that “(1) [at least one statutory ground exists] for terminating parental rights set forth in Fla. Stat. Chp. 39.806(1); (2) termination is in the manifest best interest of the child; and (3) termination is the least restrictive means to protect the child from serious harm.” Molina v. Fuenmayor, 3D22-1756 (Fla. 3d DCA November 1, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
Can retroactive child support be awarded for a child who has reached the age of majority? A recent case analyzes this issue, taking into account the language of the Florida Statutes. The case is Dept. of Revenue v. E.P., 2D22-4083 (Fla. 2d DCA November 1, 2023).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
How much notice is sufficient for a domestic violence injunction hearing? Due process requires that each party be given fair and adequate notice to be heard before adverse action is taken against them. This was an issue in the case Garrison v. Williamson, 5D22-2695 (Fla. 5th DCA October 20, 2023).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
As it relates to stalking in Florida, section 784.048(1)(a) of the Florida Statutes defines the term "harass" as "to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose." What is considered substantial emotional distress? This was an issue in the case Potts v. Lewis, 2D22-1678 (Fla. 2d DCA October 25, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Does the same standard apply to a temporary custody order as it does to a final custody order when it comes to modifying the order? Judges usually have wider discretion with temporary relief orders because the orders are temporary and issues can be corrected in a final order. This was an issue in the case Saenz v. Sanchez, 3D23-1018 (Fla. 3d DCA November 15, 2023).