Articles Posted in Paternity

chicago_penthouse_with_copper_roof.jpgAs a Jacksonville, Florida divorce lawyer and Florida child custody attorney, I have a lot of clients who have not married but have lived together and have a child together. When these relationships come to an end, many times the couple has acquired some property together. The property acquired during the relationship can be a home or car or credit card debt, etc. Florida law states that when parties are not married, the courts do not have the authority to address the division of assets or liabilities. To properly ensure protection of items acquired during the relationship, you should contact a Jacksonville, Florida custody lawyer or a Florida paternity attorney.

jail.jpgIn Florida, if a parent does not pay their court ordered child support they could likely find themselves behind bars. However, to put a non-paying parent in jail the court must:

(1) Find that the parent is willfully failing to pay the ordered child support amounts, (2) make the affirmative finding that the non-paying parent possesses the ability to comply with the purge amount and (3) put the above two requirements in a written order.

Contact a Jacksonville Beach Divorce Lawyer today if you are worried you may be found in contempt of court for non-payment of child support.

custody.jpegAs a Jacksonville Child Custody Attorney I often see cases where one party will do everything in their power to sabotage the other party. This is the worst thing a parent can do who is involved in a child custody battle. Not only can certain actions put that parent in a bad light in front of the Judge but it can also be detrimental to the child.

Therefore, when I begin a case, whether it be a divorce case or a paternity case, among other things I tell the parent the following:

• Do not make disparaging remarks regarding the other parent in the presence of the minor child.

paternity.jpgThe issue of paternity is something I see all the time as a Jacksonville Child Custody and Child Support Lawyer. In Florida a child does not have a legal father if the mother was not married when the child was born. Legal paternity must be established for the child in order for the child and father to get all of their legal rights and benefits.

In Florida, there are five ways to establish paternity:

Marriage: The parents are married to each other when the child is born.

teddy bear.jpgA concerned Nebraska mother learned the hard way that recording someone without his or her knowledge violates the Federal Wiretap Act. The mother and her father were hit with a combined $120,000 penalty for putting an audio recorder in the mother’s daughter’s teddy bear.

An article titled, “Modern Divorce: Wiretapped Teddy Bears, $120,000 in fines,” details how the mother and grandfather wiretapped the child’s father and inadvertently numerous other individuals with the hopes of gaining evidence to prove the child’s father was abusive during his unsupervised timesharing with the child.

As a Jacksonville Family Law Attorney I know many people would like to gain as much evidence as they can against the opposing party in a divorce or child custody case. However, it is important to learn from the above mentioned mother and grandfather that recording someone without his or her knowledge is not only likely inadmissible in court it can also be illegal. Contacting a Jacksonville Family Law Attorney can be an important first step in a divorce proceeding.

images-2 dads.jpgAnnette Benning and Julianne Moore play Nic and Jules, a married same-sex couple with teenage children, in the fairly recent movie, The Kids Are All Right.

This is a story of lesbian marriage, sperm-donor fatherhood, sex, red wine, and teen angst, when two teen-aged siblings track down their biological “donor dad”, Mark Ruffalo, who donated sperm to their lesbian mothers.

This movie shows the complications and problems that can ensue when a known or unknown donor unexpectedly re-enters into a family’s life.

family law.jpgMany parents who are frustrated with dealing with their ex-spouses or child’s other parent consider terminating the other parent’s rights. Parental termination is a legal process in which a parent’s legal rights are taken away. In the eyes of the court, that person ceases to be that child’s parent and has no more rights or responsibilities toward the child.

 

Termination of Parental rights in Florida is governed by Statute § 39.806. The Statute lays out the circumstances that are grounds for termination, which include:

Abandonment or Extreme Parental Disinterest,

kids pay.jpgIn a recent article posted on news-press.com, columnist Sam Cook inducts another man to the Deadbeat Dads Hall of Shame. The article titled, “Deadbeat dad easy to locate, loathe,” describes how Joseph K. Bocchino has evaded paying court ordered child support for the past 30 years.

 

A Jacksonville Child Support Lawyer has experiencing dealing with Deadbeat dads like Bocchino and is well aware of how to get the mothers and children the child support they are owed.

If you have been struggling with a Deadbeat dad and desperately need the child support you and your child are owed contact a Jacksonville Child Support Lawyer today.

People often believe that mothers tend to be more nurturing and better caregiver’s than fathers and thus should be the preferred parent in a custody dispute. As a matter of fact, this is a legal concept, termed the Tender Years Doctrine.

The Tender Years Doctrine is a legal doctrine in child custody cases, which has existed in Family Law since the late 19th century. The doctrine presumes that during a child’s tender years (age thirteen and under), the custody of the child should be that of the mother’s.

However, in Florida this doctrine is no longer applicable. In its place, Florida follows the Best Interests of the Child standard. The Best Interest of the Child standard does not take into consideration a parent’s gender when determining custody.

To find out more about what Florida Courts consider when settling custody disputes or if you need help in a current custody dispute contact a Jacksonville Child Custody Attorney today.

1296162_stork_in_the_night.jpgAs a Jacksonville, family law lawyer, I find that most people do not know that when parties are not married and have a baby that the father is not legally considered to be the father until a Judge signs off on an order saying he’s the father. EVEN IF HE’S LISTED ON THE BIRTH CERTIFICATE! In Florida, if the parties are not married, just like Halle Berry and her ex beau, then the courts do not automatically assume that the man is the father. One party has to file a Petition For The Determination Of Paternity in Florida. Even Halle Berry had to cancel her film shoot to file a Petition For Paternity so that she and her child’s father can work out a livable solution concerning custody of their child. Without this legal document, Halle Berry’s ex has no legal rights to their child.

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