Posted by Nydia Streets of Streets Law in Florida Domestic Violence If a party urges another party to self-harm, does this entitle the victim to a domestic violence injunction in Florida? In a case in which a husband was accused of urging his wife to harm herself by placing weapons within her reach and suggesting that she use them on herself, this was an issue. The case is Thomas v. Li, 4D2023-1437 (Fla. 4th DCA July 17, 2024). During the parties’ marriage, the wife alleged incidents in which the husband placed knives within her reach while taunting the wife about her history of cutting hersel ..read more

Posted by Nydia Streets of Streets Law in Florida Adoption When a person seeks to adopt a child in Florida, part of the process involves terminating the rights of the legal parents. What must be shown to terminate the rights of a parent? This was an issue in the case D.C. v. In re: The Matter of the Adoption of N.L.W., 1D2023-1725 (Fla. 1st DCA July 10, 2024). The maternal grandparents in this case were seeking to adopt their grandchild, and in the process they sought termination of the father’s rights. The trial court declined to terminate the father’s rights, thereby preventing the grandpare ..read more

Posted by Nydia Streets of Streets Law in Florida Child Support Administrative child support proceedings in Florida have a specific procedure to follow. What happens if either party is not satisfied with the result of the proceeding? The answer depends on which party wants to challenge the result. This was an issue in the case White v. DOR, 1D2023-1210 (Fla. 1st DCA July 3, 2024). The mother in this case initiated an administrative child support proceeding to obtain support from her ex-husband for their child. Both parties submitted their financial information as required, and an order was ent ..read more

Posted by Nydia Streets of Streets Law in Florida Child Custody Grandparent visitation in Florida is limited because Florida law recognizes the right of parents to raise their children without interference. However, if a grandparent is granted visitation rights in a state that permits such rights, Florida case law has consistently held that it will enforce out-of-state grandparent visitation orders under the Full Faith and Credit Clause of the United States Constitution. This was an issue in the case Mattingly v. Hatfield, 1D2022-0039 (Fla. 1st DCA July 3, 2024) which was reconsidered on rehea ..read more

Posted by Nydia Streets of Streets Law in Florida Divorce What happens if there is a mistake in your Florida final judgment of divorce? It depends on if the mistake is mutual, meaning both parties agree and understand there was a mistake in the judgment. This was an issue in the case Ware v. Ware, 5D2023-0282 (Fla. 5th DCA June 14, 2024). In this divorce case, prior to trial, the parties entered a stipulation stating each would keep their respective vehicles. The stipulation did not describe the vehicles and at trial no evidence was presented as to which vehicle was being assigned to which spo ..read more

Posted by Nydia Streets of Streets Law in Florida Child Custody Florida law has consistently held that a court is not permitted to delegate its decision-making authority to third parties when it comes to child custody issues. This is because the court, and not other professionals, are charged with making decisions that affect the best interest of a child. This was an issue in the case Malley v. Malley, 4D2023-0332 (Fla. 4th DCA June 20, 2024). The parties had one child during their marriage. After a petition for divorce was filed, a trial was held, and the court granted the former wife majorit ..read more

Posted by Nydia Streets of Streets Law in Florida Child Custody If a Florida parenting plan is silent as to the ability of either parent to relocate, can a parent relocate without following Florida law? This was an issue in the case Blatt v. Blatt, 3D23-2228 (Fla. 3d DCA June 12, 2023). In their divorce case, the parties entered a settlement agreement which did not include any provisions regarding relocation, and which set out parameters for the children to be emancipated. The parties agreed some of their six children may need support beyond the age of 18 and set specific requirements for eman ..read more

Posted by Nydia Streets of Streets Law in Holidays We wish you and yours a happy 4th of July filled with fun, love and doing things you all love most ..read more

Posted by Nydia Streets of Streets Law in Florida Family Law Procedure What is the procedure to disqualify an attorney in a Miami family law case? One key component of disqualification is due process - a hearing and and opportunity to present evidence must be given when disputed allegations arise. This was an issue in the case Green v. Green, 3D23-1358 (Fla. 3d DCA June 12, 2024). Twenty-two months after filing their answer and counter-claim in the case, the defendants filed a motion to disqualify the plaintiff’s attorney. At a hearing on a motion for summary judgment filed by the plaintiff’s ..read more

Posted by Nydia Streets of Streets Law in Florida Divorce In Florida, assets acquired prior to marriage are considered non-marital assets. This means the assets are owned solely by one spouse rather than jointly by both. Unless the parties agree otherwise, it is usually an appealable issue if a court awards a non-marital asset to both spouses in a Florida divorce. This was an issue in the case Smoot v. Smoot, 1D2023-0698 (Fla. 1st DCA June 12, 2024). In this divorce case, the evidence established that the former husband opened a certificate of deposit account ten years prior to the marriage, a ..read more