Miami family law attorney blog
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Miami Family Lawyer
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When considering appealing a Florida family law order, knowing the deadlines for appeal and filing of various motions is important. Failure to follow these strict deadlines may result in the dismissal of an appeal, even one that may have merit. This was an issue in the case Jamison v. Knox, 5D2024-0934 (Fla. 5th DCA August 9, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
A marital settlement agreement in Florida will be enforced as written - a court is not free to rewrite the terms of a contract. This is why the wording used in contracts is important. This was an issue in the case Hurley v. Veon, 5D2021-2409 (Fla. 5th DCA June 28, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
“Am I allowed to represent myself in a Florida family law case?” This is a frequently asked question that many may have because they feel they cannot afford to pay a lawyer to represent them. The right to proceed without a lawyer in a Florida family law case is not absolute. That is, the court can prohibit a party from proceeding without a lawyer, and this was an issue in the case Clark v. Baney, 1D22-118 (Fla. 1st DCA January 25, 2023).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A question sometimes asked in Florida family law cases is “Will I be required to provide my medical records to the opposing party?” The answer depends on what is at issue in your case. Even if your medical records are deemed to be relevant, the Court still must recognize a party’s right to privacy regarding medical records. This was an issue in the case Whittington v. Whittington, 1D21-2117 (Fla. 1st DCA December 15, 2021).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Even if Florida is determined to be the home state of a child in a Florida child custody proceeding, the Florida courts may not be convenient because the child and one parent live in a different state. If this is the case, a parent may file a motion to dismiss based on forum non conveniens. This was at issue in the case Murphy v. Collins, 3D20-658 (Fla. 3d DCA September 9, 2020).
Posted by Nydia Streets of Streets Law
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Posted by Nydia Streets of Streets Law in Domestic Violence
A person who reasonably fears he or she is in imminent danger of becoming a victim of domestic violence can request that an injunction or stay away order be entered against the aggressor. How does this standard play out in real cases? As is seen in Zapiola v. Kordecki, 210 So.3d 249 (Fla. 2d DCA 2017), the court must scrutinize the timing of the alleged incidents, and the reasonableness of the fear alleged.
Posted by Nydia Streets of Streets Law in Child Support
A general rule followed in Florida family law cases is that you must put the other party on notice as to what relief you are seeking before that relief can be granted. Therefore, a Florida family court can only consider at trial those issues which were properly raised by the parties in their pleadings or those issues the parties agreed to try by consent.
Posted by Nydia Streets of Streets Law in Procedure
When a court makes an oral ruling that contradicts what is eventually written in the order that follows, what are the parties to do? We examine this issue in the appellate case Singer v. Singer, 211 So.3d 154 (Fla. 4th DCA 2017).
Posted by Nydia Streets of Streets Law in Procedure
Due process is a fundamental part of the legal system, including Florida family law cases. Due process includes the right to be heard and to receive fair notice about court proceedings. In the appellate case Barsis v. Barsis, 209 So.3d 654 (Fla. 5th DCA 2017), we see what happens on appeal when the appellate court determines a party was denied due process.
Posted by Nydia Streets of Streets Law in Child Custody
When a parent has not been present in a child's life for an extended period of time, this presents a challenge in awarding overnight time-sharing with that parent. Usually, a Florida child custody court will order a gradual increase in time-sharing to allow the child and parent to become acquainted or re-acquainted. However, child custody orders must not impede a parent's ability to establish regular and substantial contact with a child, as illustrated in the case Munoz v. Munoz, 210 So.3d 227 (Fla. 2d DCA 2017).
Posted by Nydia Streets of Streets Law in Domestic Violence
An injunction or restraining order is one tool the law provides to those seeking protection from domestic violence. Stalking is one act of violence that can be the basis for seeking protection. As one appellate case illustrates, the standard for obtaining an injunction against stalking is clear under Florida law.
Posted by Nydia Streets of Streets Law in Child Custody
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is an important set of laws adopted by most states which seeks to avoid conflicting orders from different state courts in child custody cases and promotes cooperation between state courts. The appellate case Haugabook v. Jeffcoat-Hultberg, 219 So.3d 65 (Fla. 2016) illustrates the importance of the UCCJEA.
Posted by Nydia Streets of Streets Law in Divorce
In this edition of Real Florida Divorce Cases, we examine the appellate case Raton v. Wallace, 207 So.3d 978 (Fla. 5th DCA 2016). From this case, we learn about attorney’s fee awards and the standard for contempt proceedings.
Posted by Nydia Streets of Streets Law in Child Custody
When it comes to filing your child custody case, you will want to be sure the court in which you plan to file has jurisdiction to consider your case. Jurisdiction means the power or authority the court has to make rulings in your case.
Posted by Nydia Streets of Streets Law in Child Support
As ex partners move on after the break up of a relationship, moving on may include having more children after a child support obligation has already been established by court order. Many wonder how a child support obligation will be affected by the subsequent-born children.
Posted by Nydia Streets of Streets Law in Child Support
The calculation of Florida child support involves examination of the incomes of both parents and the deductions allowable to each in arriving at their respective net incomes. What types of income are considered in calculating child support, along with deductions available to each parent, is a comprehensive list.
Posted by Nydia Streets of Streets Law in Child Custody
Kids may take just as much of an emotional hit as the parents when it comes to divorce. The adjustment for the children in transitioning from one household to two and seeing their parents break up can be difficult. This is one of the reasons why the Florida family courts require parents to take a course aimed at successful co-parenting in the midst of separation.
Posted by Nydia Streets of Streets Law in Child Custody
When the creation of a Florida parenting plan is at issue in a Miami child custody case, one tool available to the court to get to the bottom of the best interest of the child in the midst of he-said, she-said allegations is to order a social investigation. Who pays for it and who conducts it is specified in the Florida Statutes.
Posted by Nydia Streets of Streets Law in Divorce
Similar to the way a Miami divorce court awards alimony to a spouse who needs it, attorneys’ fees can be awarded to a lesser-earning spouse. This is so that both spouses have equal opportunities to obtain legal help in divorce cases despite a disparity in incomes.
