Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Child Support
As we have seen in many types of Florida family law cases, the lack of a transcript on appeal can be fatal what may be an otherwise valid claim. This was an issue in the child support case Jackson v. Lawrence, 3D25-0342 (Fla. 3d DCA September 17, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
In the case Olivas v. Morales, 3D25-0234 (Fla. 3d DCA September 17, 2025), we again see the importance of having a transcript of your Florida child custody case hearing prepared. The father in this case appealed a final judgment of paternity in which he disagreed with the trial court’s summer time-sharing schedule.
Posted by Nydia Streets of Streets Law in Holidays
Wishing you and yours a blessed new year.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Once a party in Florida child custody case presents his or her case that relocation is in the best interest of a child, the burden of proof then shifts to the other party to establish that relocation is not in the child’s best interest. This was an issue in the case Gevaert v. Teh, 3D24-2280 (Fla. 3d DCA September 17, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A Florida relocation case can be difficult for a court to decide in that both parents may have very compelling reasons for wanting to move with their children or wanting the children to remain in Florida. This was an issue in the case Greenwood v. Greenwood, 3D24-1585 (Fla. 3d DCA September 17, 2025).
Posted by Nydia Streets of Streets Law in Florida Paternity
Florida family law rules require that a party be put on notice of what is at stake at a hearing. This is done via a motion filed by the complaining party. The court is usually restricted to awarding only the relief requested in the motion or pleading being considered at a hearing. This was an issue in the case Breton v. Raud, 3D24-0890 (Fla. 3d DCA September 17, 2025).
Posted by Nydia Streets of Streets Law in Florida Prenuptial Agreements
A Florida prenuptial agreement, beyond determining what happens to assets and debts if there is a divorce, can protect assets at death. This may be helpful to a party who wishes, for example, to protect assets for his or her children. This was an issue in the case Holguin v. In re Lourido, 3D24-0014 (Fla. 3d DCA September 17, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What is needed to dissolve or cancel a Florida domestic violence injunction? For one, the party seeking to dissolve the injunction needs to show a change in circumstances. This was an issue in the case Hart v. Moore, 4D2024-3222 (Fla. 4th DCA September 8, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
When property is discovered after a Florida marital settlement agreement has been signed, is this grounds to set aside the marital settlement agreement? The answer depends on the circumstances surrounding the discovery - could the existence of the property been confirmed if the complaining party had investigated this before signing the agreement? Did the other party fraudulently conceal the existence of the property? Overlooked property was an issue in the case Maradona v. Villafañe, 3D23-2085 (Fla. 3d DCA September 10, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
In a recent appellate case, a spouse was accused of dissipating marital assets because she transferred money to her adult daughter to purchase stock. The case is Robinson v. Robinson, 6D2024-0740 (Fla. 6th DCA September 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is a lis pendens in a Florida divorce case? This is a notice that is placed on a property to alert potential buyers that there may be an issue with the title to the property. A lis pendens is only appropriate under certain circumstances. This was an issue in the case Golubtsova v. Budaev, 3D25-0737 (Fla. 3d DCA September 10, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When criminal domestic violence charges are filed in addition to a civil injunction petition, does the dismissal of the criminal charges mean the injunction gets dismissed as well? This was an issue in the case Thompson v. Vilches, 3D24-1814 (Fla. 3d DCA September 10, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What does trial by consent mean in a Florida family law case? Usually parties to a case must be put on notice as to what will be sought at trial. If they do not, the issue may still be able to be considered at trial if there is no objection to it at trial. This was an issue in the case Alan v. West, 3D24-0454 (Fla. 3d DCA September 10, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
If a motion to dissolve a Florida domestic violence injunction is filed in the incorrect division of a court, what is the next step? This was an issue in the case Marcionette v. Marcionette, 6D2024-0289 (Fla. 6th DCA August 29, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a Florida family law order is appealed, and the appellate court reverses a ruling with instructions to the trial court to correct it or take some other actions, can the trial court take additional actions with regard to the order being appealed? This was an issue in the case Marcellus v. Peterson, 4D2023-2495 (Fla. 4th DCA September 3, 2025).
Posted by Nydia Streets of Streets Law in Holidays
“Every person needs to take one day away. A day in which one consciously separates the past from the future. Jobs, family, employers, and friends can exist one day without any one of us, and if our egos permit us to confess, they could exist eternally in our absence. Each person deserves a day away in which no problems are confronted, no solutions searched for. Each of us needs to withdraw from the cares which will not withdraw from us.” ― Maya Angelou
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is the standard for disqualification of a lawyer in a Florida family law case? This was an issue in the case Palma v. Alamilla, 3D25-1181 (Fla. 3d DCA September 3, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
The entry of a Florida domestic violence injunction is civil in nature, however penalties for violating the injunction can bring criminal charges. Although there are serious consequences to having a civil injunction entered, the trial court has broad discretion to enter an injunction. This was an issue in the case Villareal v. Hernandez, 3D24-1722 (Fla. 3d DCA September 3, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Under the Florida Rules of Family Law Procedure, a party can seek to vacate an order entered against that party within certain timeframes and under certain conditions. Usually, a hearing is required when this type of motion is filed. This was an issue in the case Rojas v. Best Taxi Service Corporation, et. al., 3D24-0989 (Fla. 3d DCA September 3, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A party seeking to have the other party in a Florida family law case pay his or her attorney’s fees and costs must demonstrate a need for the fees, and the ability of the other party to pay the fees. Imputation of income may be a factor the court considers in determining need and ability to pay. This was an issue in the case Gutierrez v. Gutierrez, 3D24-0895 (Fla. 3d DCA September 3, 2025).
