Miami family law attorney blog
Posted by Nydia Streets of Streets Law in Florida Child Custody
Once a Florida parenting plan is established, a court cannot modify it without a party pleading a substantial change in circumstances. This was an issue in the case Bazinet v. Pinkerton, 5D2025-0058 (Fla. 5th DCA December 19, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
What is considered dissipation of marital assets? When an account is used while a divorce case is pending, this may be mistaken as dissipation. This was an issue in the case Walsh v. Walsh, 5D2024-1053 (Fla. 5th DCA December 19, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Emergency suspension of a parent’s time-sharing in a Florida child custody case is a drastic measure which must follow certain procedural safeguards. This was an issue in the case Capps v. Capps, 4D2025-3371 (Fla. 4th DCA December 17, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Review of a general magistrate’s findings in a Florida family law case is limited to “determining whether the general magistrate’s factual findings are supported by competent, substantial evidence and whether the magistrate applied the correct standards.” See Cohen v. Alkobi, 4D2025-1056 (Fla. 4th DCA December 17, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a Florida family law judge adopts a final judgment, verbatim, which was prepared by one party’s lawyer, is this a reason to have the final judgment set aside? This was an issue in the case Broche v. Broche, 3D25-1052 (Fla. 3d DCA December 17, 2025).
Posted by Nydia Streets of Streets Law in Holidays
Happy New Year! Here is to a healthy, wealthy, love-filled and good-dreams-coming-true year ahead for you and yours - cheers!
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is the “substantial truth doctrine” in Florida family law? This was explained in the brief appellate opinion issued in the case Blair v. Baller Alert, Inc. 3D25-0941 (Fla. 3d DCA December 17, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What does it mean when a default is entered against a party in a Florida family law case? This means the party admits the well-pled allegations of the petitioner’s complaint in the case, and because of these admissions, the court may be able to enter judgment against the defaulted party without a trial or hearing. A default can be set aside, and this was an issue in the case Highsmith v. Britten, 2D2025-0679 (Fla. 2d DCA December 17, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When an attorney seeks to enforce a charging lien in a Florida family law case, four elements must exist: (1) a valid contract, express or implied, between attorney and client; (2) their shared understanding that payment depends on recovery; (3) the client’s attempt to avoid payment or a dispute over the amount owed; and (4) timely notice of the lien. See Baldwin v. Beam, 5D2024-2423 (Fla. 5th DCA December 5, 2025).
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).
