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Paternity

Home > Paternity

How Florida Family Law Presumes Parental Love

Parents love their children equally, and there is no presumption in favor of the mother or father. These words are the premise on which Florida Family courts build their statutes regarding the care and nurturing of minor children following a dissolution of marriage (divorce) or separation of parents not married. What this statement means is that presumably a father and mother, or parents of the same sex, love each of their minor children with precisely the same amount of mental, emotional, and intellectual fervor. In reality, this is likely not quite the case for in many families one parent cares...

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How to Establish Paternity in Florida ? Part Two: Establishing Paternity in the Courts

Sometimes the issue of deciding the biological and or legal paternity of a child is best done through the courts and thus letting a judge make the final decision. In Part one of this blog, the out-of-court ways to establish who the real and or legal father of a child are discussed. This part will tell you about using the Family Courts for a paternity matter. When filing a court case to determine paternity in the state of Florida, there are four ways the action can be initiated: • The man who is needing to know if he is or is not...

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How is Paternity Established in Florida? Part One: What is paternity, and how is it established out of court?

Definition of “paternity” as found in Merriam-Webster dictionary, “the quality or state of being a father”. In other words, the man who fathers a child is considered to have the paternity of that child. While this may seem obvious to a man who thinks he is the father of a child, there can sometimes be a situation when his paternity or fatherhood is called into question. Unlike the mother who bears a child and so is most definitely the mother, it can be unclear as to precisely who is the true father. Frequently, in the contemporary society of our modern...

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Timesharing- what 50/50 Really Means and the Level of Parental Involvement

For many years the custody of minor children following a divorce or separation of unmarried parents was ordered by appointing one parent as the primary custodial parent and the other as a secondary custodial parent or a parent with visiting rights but not necessarily the right to have their child spend an entire night. As time has gone on and research is done in the area of what is best for a minor child in this difficult situation, it has been shown that children do best when they are cared for and nurtured by both parents on an equal basis....

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Managing Stress and Anxiety During a Family Law Case

Managing stress and anxiety during a family law case can become a serious issue. Depending on the type of case will, to a certain extent, determine the level of stress and anxiety and the manner in which they are handled. If minor children are involved the level of concern is higher and the need for careful planning for managing stress and anxiety increases. Looking at some of the most frequent family law cases can help with managing techniques. Divorce or as it is now called, Dissolution of Marriage: In most cases the emotional involvement of both parties is high. This is...

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Forensic Accountants and How They Can Help

Divorce, for many, is a financially devasting experience. All financial information from past to present including bank statements, credit card charges, business dealings, property ownership, asset, and debt accumulation, trip and vacation expenses, incomes, and expenses must be out in the open for both sides to see. Ideally, a couple will be open and honest and take charge of their outcomes by compromising and agreeing to a marital settlement during mediation. Unfortunately, this does not always happen, either the open and honesty or the marital settlement. If there is no marital settlement, the case will then be scheduled for Family...

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Divorce Milestones

Filing, answer, discovery, mediation, depositions, trial, and more. It is strange to think of divorce as having milestones as these are usually associated with the life of a marriage or the growth of a child. A comprehensive definition of a milestone as it refers to divorce is provided by the Cambridge English Dictionary which defines “milestone” as “an important event in the development or history of something in someone’s life.” As with other of life’s milestones, divorce has its own set of milestones as the case moves from selecting one’s attorney to the final judgment signed by a judge. Even in...

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What not to do on social media during a divorce

The use of social media, which includes texting, e-mails, YouTube, Facebook, Craigslist, Twitter, Tumbler, comments, Snapchat, Instant Messenger, flicks, Pinterest, Instagram, and LinkedIn, has become almost the main way people communicate not only information but often explicit pictures and videos of how they live their lives. While this can be interesting and often entertaining, it can also provide a “not so private’ inside look at a person’s lifestyle, viewpoints, and even their physical appearance. While there is a sense of privacy for most of the social media in that you must be “invited” to view another person’s postings, that person...

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Who gets the dog?

Who gets the dog, or any other treasured pet, when there is to be a divorce? One would think that, since most pets are treated as a part of the family, the courts would also consider them as such. This would mean that visitation rights or timesharing rights, as time spent with minor children is now referred to, would be granted by the courts at the time of the final dissolution of the marriage. Unfortunately, in only four states is the possibility of court-ordered timesharing still a reality. Florida is not one of these states. In Florida, pets are considered marital...

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Preserving Electronic evidence

With more and more states allowing evidence found on electronic devices such as computers and iPhones it is essential that persons needing such evidence to support their claims learn how to preserve evidence stored on their electronic devices. Of course, there is the other side of the coin where when someone does not want evidence found on their electronic devices to be used, they too need to be careful. For, if it can be shown that evidence was intentionally deleted to the point where even a computer forensic specialist could not retrieve it, the court will not be pleased and...

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