A lot of men come to us after finding out the unfortunate news that the child they once believed to be their own, happens to be the biological child of another man. For these men, the newly discovered evidence is shocking and is likely grounds to file for a disestablishment action. For other men, their […]
Category: Paternity
Where Do I File My Paternity Case?
When clients prepare to file a petition to determine paternity, there is often confusion about the proper location within Florida (venue) to file the case. Many people mistakenly believe that the only place the petition can be filed is in the county where the mother and child live. However, according to Florida Statute 742.021(1) the […]
Modifying Final Judgments Part II:
Don’t just settle to get this over…Get it right the first time and fight for what you want in your divorce or paternity case right now. Last week, we discussed the fact that equitable distribution judgments are generally non-modifiable. This week we will examine modification of custody orders. Fla. Stat. 61.13(3) states, “…A determination of […]
Parental Alienation
Parental alienation occurs when one parent takes steps to isolate the child through words and actions meant to damage or destroy the child‘s relationship with the other parent. These steps are often deliberate and malicious on the part of the alienating parent. Alienation often happens when parents are ending their relationship and can be committed […]
New Florida Custody Law Pending Florida Senate Bill 668
The Florida Senate approved a new timesharing bill on March 8, 2016. A portion of the bill deals with changes to the alimony statute and the other portion changes the current timesharing statute. If passed, the bill would modify Florida Statute 61.13(2)(c)(1) by instructing courts that are establishing an initial parenting plan to start with […]
Cell Phones and Social Media in Family Law Litigation: “Don’t say, or do, anything online, or via text, that you wouldn’t say, or do, in front of the judge.”
This is a very difficult subject to try to give advice upon because most of us are not feeling what you are feeling in that moment when you press “send” or “post.” During the family law litigation process emotions are high and reactions are rapid and unpredictable. To even the most calm and centered of […]
I just received a letter from the Department of Revenue (DOR) regarding a Proposed Administrative Support Order, what do I do?
If you have recently received a letter from DOR stating that the department is seeking to establish child support pursuant to a Proposed Administrative Support Order, do not hesitate: bring that letter to your lawyer immediately. There are very specific guidelines for what you can do when you receive such a letter, and all of […]
Paternity and Timesharing
It often comes as a surprise to unmarried fathers that when they break up with the mother of their child, they do not have timesharing and decision-making rights automatically. In order to establish a timesharing schedule and to require the child’s mother to include them in major decisions, the father must file a Petition to […]
Legislation Recently Introduced by Florida Legislature
Last week, the Florida Legislature introduced four separate pieces of legislation of note. Three of the bills introduced deal with alimony, and the fourth deals with timesharing/parenting plans. The three bills dealing with alimony (House Bill 455 and Senate bills 250 and 668) have different language, which we have not yet looked into. We do […]
Stat Dept. of Revenue v. Pare
Stat Dept of Revenue v Pare In DOR v. Pare, the trial court denied a UIFSA petition for child support because there was no legal order determining paternity and because he did not have legal custody of the child, despite the fact that the child was living with the father with the mother’s consent and […]