Posted by Nydia Streets of Streets Law in Holidays
Best wishes for a very happy holiday to you and yours - cheers!
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent requests relocation and modification of a Florida parenting plan, it can be easy to confuse the issues and the applicable standard of law in deciding the petition. This was an issue in the case Lally v. Lally, 4D2025-0692 (Fla. 4th DCA December 10, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When parents are married, and before a Florida divorce case is filed, one parent moves out of state with the children, can the court order the children to be returned to Florida? A court is guided by the best interest of the children. While many parents may attempt to have an emergency pick-up order entered, citing Florida’s relocation statute, this may not be applicable under the circumstances. This was an issue in the case Dunn v. Flores, 3D25-2263 (Fla. 3d DCA December 3, 2025).
Posted by Nydia Streets of Streets Law in Florida Paternity
If a man who is not biologically related to a child is established as the legal father of the child, can the biological father petition the court to establish himself as the legal father of the child? The answer depends on multiple factors, but biology alone is not enough to establish paternity. This was an issue in the case Rosich-Medina v. Chilaud, 3D25-1239 (Fla. 3d DCA December 3, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When neighbors seek stalking injunctions against each other in Florida, scrutiny of what fits the statutory definition of stalking is taken on by the Court. A neighbor’s decorations at their home was the subject of a stalking injunction appealed in a recent case.
Posted by Nydia Streets of Streets Law in Florida Divorce
The sale of a marital residence after divorce may stir up disputes between former spouses as to the sale proceeds if not properly addressed in a final judgment or marital settlement agreement. For example, when a spouse feels he or she should receive credit for certain expenses paid on the home after the divorce, but prior to the sale, this may cause dispute between the parties. This was an issue in the case Lantz v. Gibson, 1D2024-2148 (Fla. 1st DCA December 3, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
When imputing income to a parent for purposes of calculating child support in Florida, specific findings are required. The burden of proof is on the party requesting that income be imputed. This was an issue in the case Wolverton v. Wolverton, 6D2023-3821 (Fla. 6th DCA November 26, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a final judgment is appealed along with the denial of a motion to disqualify a judge, how does the granting of the motion to disqualify the judge affect the appeal of the final judgment? This was an issue in the case Ussin v. Wood, 5D2025-0426 (Fla. 5th DCA November 21, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a petition for relocation is filed in Florida, is a court required to independently review factors for modification of a parenting plan in addition to factors for relocation under the statutes? This was an issue raised on appeal in the case Puertas v. Ruiz, 3D25-0305 (Fla. 3d DCA November 26, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When amended final judgments are entered, appeal deadlines may become confusing. In many cases, a motion for reconsideration or rehearing must be filed prior to an appeal being taken, further adding to confusion of deadlines. This was an issue in the case Miller v. Ko, 3D23-2229 (Fla. 3d DCA November 26, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Disqualification of a judge in a Florida family law case may be considered an extreme remedy which is granted sparingly. In order to have a judge disqualified, a party must show that he or she has a reasonable fear that the judge is incapable of being impartial or fair toward that party. This was an issue in the case MacKenzie v. MacKenzie, 2D2025-1096 (Fla. 2d DCA November 26, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What rights do grandparents have in Florida for visitation with their grandchildren? Florida provides for limited scenarios in which a grandparent can obtain an order for visitation with a child under Chapter 752 of the Florida Statutes. However, Florida will recognize and enforce orders entered in other states with more liberal visitation rights for grandparents. This was an issue in the case Aluise v. Spanos, 5D2024-3376 (Fla. 5th DCA October 24, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is an injunction in a Florida family law case that is not related to domestic violence? This is an order which instructs someone not to do something. There are specific requirements for obtaining a non-domestic violence injunction, including the posting of a bond. This type of injunction was an issue in the case Caron v. Caron, 4D2025-0440 (Fla. 4th DCA November 19, 2025).
Posted by Nydia Streets of Streets Law in Florida Alimony
Florida alimony is calculated pursuant to a formula specified in Chapter 61.08 of the Florida Statutes. Florida law also provides for life insurance to be obtained to support an alimony award, but only under certain circumstances. These were issues in the case Beck v. Beck, 4D2024-0814 (Fla. 4th DCA November 19, 2025).
Posted by Nydia Streets of Streets Law in Florida Domestic Violence
When a Florida stalking injunction is appealed, the appellate court reviews the order for competent, substantial evidence. Stalking is defined under the Florida Statutes as stalking as “willfully, maliciously, and repeatedly follow[ing], harass[ing], or cyberstalk[ing] another person.” Fla. Stat. Chp. 784.048(2). This was an issue in the case Castano v. Vega, 3D25-0275 (Fla. 3d DCA November 19, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a domestic violence injunction is entered requiring one parent to stay away from the other parent, how does this affect a Florida parenting plan? For example, there may be a need for the parties to arrange timesharing exchanges in-person which may violate the stay away provisions of an injunction. This was an issue in the case Wilson v. Martin, 4D2024-3155 (Fla. 4th DCA November 12, 2025).
Posted by Nydia Streets of Streets Law in Holidays
"Every day, think as you wake up, 'I am fortunate to be alive. I have a precious human life. I am not going to waste it.’” - Dalai Lama
Happy Thanksgiving to you and your loved ones! Thank you for your support and may you and yours be blessed infinitely.
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
If a party fails to appear at a Florida domestic violence injunction hearing and an injunction is entered against that person, can he or she appeal? The answer depends on the circumstances surrounding the non-appearance. This was an issue in the case Fletcher-Johnson v. Johnson, 4D2024-1124 (Fla. 4th DCA November 12, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
If a final judgment in a Florida family law case reserves ruling on a matter such as child support arrears, is that judgment really final for purposes of determining if the appellate court has jurisdiction to review the judgment? This was an issue in the case Lysich v. Canelo, 3D25-1823 (Fla. 3d DCA November 12, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a non-final order versus a final order for purposes of appealing a Florida family law order? A non-final order is one that is usually entered that requires further judicial labor and/or is a temporary or interim order while a case is still pending. A final order is one which requires no further judicial labor and puts the issue in the order to rest. The distinction was an issue in the case Wages v. Baez, 3D25-1561 (Fla. 3d DCA November 12, 2025).