Posted by Nydia Streets of Streets Law in Florida Paternity
In Florida, to disestablish paternity, one requirement is that a male present newly discovered evidence relating to the paternity of a child. If a male had a vasectomy before the child was conceived and was convinced by the mother of the child that vasectomies do not guarantee sterility - does this mean he cannot argue there was “newly discovered evidence” related to the paternity of the child if it is later determined through testing that the male is not the biological father of the child? This was an issue in the case Cuevas v. Cuevas, 5D2024-2832 (Fla. 5th DCA July 3, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
When parties agree to split the net proceeds from the sale of the marital home in a Florida divorce, what is defined as the net proceeds? Many times, the marital settlement agreement will define what the net proceeds are. Even still, many do not include information concerning escrow refund amounts disbursed months after the sale is complete. This was an issue in the case Flaim v. Flaim, 4D2024-2314 (Fla. 4th DCA July 9, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A general magistrate’s recommended order in a Florida family law case can be reviewed by the judge presiding over the case if a party timely files a motion to vacate the recommended order. What standard does the judge use to determine if the recommended order should be vacated? This was an issue in the case Rodriguez v. Gonzalez, 3D25-0551 (Fla. 3d DCA July 9, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
What are special circumstances that support requiring a spouse to obtain life insurance to secure an alimony obligation? In order for a court to require life insurance in this instance, there must be findings as to availability and cost of insurance, ability to pay, and special circumstances that warrant coverage. This was one issue in the case Zagari v. Zagari, 1D2023-1843 (Fla. 1st DCA July 9, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a domestic violence injunction is entered in Florida, the order can give the victim exclusive use and possession of a home, despite ownership interest. Can the owner still evict the victim while the injunction is in place? This was an issue in the case Castillo v. Aldahondo, 6D2023-1694 (Fla. 6th DCA June 27, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can sole parental responsibility be awarded to one parent if the other parent does not appear for trial in a Florida child custody case? The answer depends on what was contained in the petition, and whether evidence was presented at the trial to support this award. This was one issue in the case Keck v. Fortier, 5D2024-3056 (Fla. 5th DCA June 27, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When creating a parenting plan in Florida, a trial court is required to make certain findings of fact under Fla. Stat. 61.13. Are these findings also required in ruling on a petition to modify a parenting plan? This was an issue in the case Squires v. Squires, 5D2024-2465 (Fla. 5th DCA June 20, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A party who is pro se (meaning self-represented) in a Florida family law case is subject to the same rules of procedure as a party represented by a lawyer. Pro se parties who continuously file improper documents in a case may be subject to sanctions from the court, one of which is that a party can be barred from filing further documents with a lawyer representing him or her. This was an issue in the case Makaver v. Pozuelos, 3D25-0158 (Fla. 3d DCA June 25, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A hearing before a general magistrate in a Florida child custody case is usually electronically recorded, and a party wanting a transcript of the hearing is required to have it transcribed by a court reporter. This transcript is needed for an appeal. This was an issue in the case Saenz v. Diaz, 3D24-1744 (Fla. 3d DCA June 25, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Although the Florida Statutes include a presumption that equal time-sharing is in the best interest of a child, this does not mean a court is automatically required to order equal time-sharing in every child custody case. The court must still make findings regarding the best interest of the child. This was an issue in the case Malek v. Malek, 3D24-1247 (Fla. 3d DCA June 25, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Before a court can take action that affects either party’s rights in a Florida family law case, each party must be provided with due process. This means they had an opportunity to be heard and notice of the court’s planned action. This was an issue in the case Zinnurov v. Shelegina, 6D2024-1089 (Fla. 6th DCA June 13, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Many Florida family law agreements have what is known as a “prevailing party clause” which states that if litigation is brought to enforce terms of the agreement, the prevailing party will have his or her attorney’s fees paid by the other party. Does an award under this type of clause require expert testimony as to the reasonableness of attorney’s fees? This was an issue in the case Cohen v. Cohen, 4D2024-1339 (Fla. 4th DCA June 18, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A party may disagree with the trial court’s assessment of the evidence in a case, but this alone is not grounds for appeal. The appellate court usually will not second-guess the judgment of the trial court judge since he or she had the advantage of reviewing live testimony and assessing witness credibility. This was an issue in the case Tropper v. Corti, 3D24-1320 (Fla. 3d DCA June 18, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a writ of mandamus in a Florida family law case? This is a petition filed with the appellate court which basically asks the appellate court to direct the trial court to take some action. This was an issue in the case Gooch v. Cowan, 1D2024-3285 (Fla. 1st DCA June 18, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a court’s oral pronouncement and its written order conflict, the oral pronouncement usually controls. This was an issue in the case Graydus v. Graydus, 4D2023-1213 (Fla. 4th DCA June 11, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A final judgment establishing child custody in Florida must comport with Fla. Stat. 61.13 as it relates to consideration of the best interest of the child. When a transcript of a trial in these cases is not provided, and the case is appealed, the appellate court is limited to reviewing errors apparent on the face of the judgment, including a lack of required findings. This was an issue in the case Salazar v. Blanco, 3D24-1588 (Fla. 3d DCA June 4, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
A trial court in a Florida domestic violence injunction case weighs the credibility of witnesses and determines who to believe when there is conflicting testimony. When a party appeals an injunction, the appellate court usually does not second-guess the credibility determinations made by the trial court. This was an issue in the case Lau v. Gonzalez, 3D24-1491 (Fla. 3d DCA June 4, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a temporary relocation be granted in a Florida child custody case without a hearing? Statutes require that certain language be included in a petition for relocation, part of which states “IF YOU FAIL TO TIMELY OBJECT TO THE RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND WITHOUT A HEARING.” See Fla. Stat. Chp. 61.13001. This was an issue in the case Lawler v. Lawler, 3D24-1428 (Fla. 3d DCA June 4, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Even when a default is entered against a party in a Florida divorce case or a pleading is stricken, a trial court is still required to make findings regarding equitable distribution pursuant to Fla. Stat. Chp. 61.075. This was an issue in the case Jones v. Jones, 5D2024-2342 (Fla. 5th DCA May 23, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
When a large sum of retroactive child support is ordered in Florida, how is the sum paid? Typically, a court will order that it be paid monthly, as an additional sum paid on top of the ongoing child support. When determining the amount, the court must take into consideration the total sum owed and the time it will take to pay it off based on the monthly rate ordered. This was an issue in the case Lucombe v. Lucombe, 5D2023-3185 (Fla. 5th DCA May 23, 2025).
