As attorneys providing comprehensive family law services to individuals and families in the Orlando, Winter Park and surrounding area, we often do not only advise clients whom we know for certain are interested in seeking help in drafting a prenuptial agreement or closing it to obtain a divorce, but also those who seek advice on what their rights are in the event of a hypothetical situation; For example, what should they do if they are unmarried and share a child with their partner but are concerned that their partner will eventually try to leave with the child; or if they have domestic violence concerns and want to know what their rights are in relation to leaving with their child, etc.
In the event of domestic violence
Child support in the event of divorce
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In all states, the law requires that both legal parents support their children financially, regardless of whether or not the parents were married when the child was born or whether or not they married at a later date. In most divorces involving children, the court orders the noncustodial parent to contribute a certain amount of child support each month. A family court can change monthly child support payments if the parents’ income or the needs of the children change.
The exact amount of child support a court orders depends on each parent’s assets, income, and the cost of housing, medical care, and other necessary expenses, including dental bills and living expenses. Each state has its own child support policies that are set by law. In your own state, an experienced family law attorney can probably give you a rough idea of how much child support the court will ask for.
Custody in Florida
Single parents do not have to give up their rights to their children. Florida law requires courts to make custody decisions based on the best interests of the child. In determining the best interests of the child, the court will consider:
- The physical and mental health of both parents
- Each parent’s ability to maintain a consistent daily routine
- History of substance abuse or domestic violence
- How parents may want to share parental responsibilities
Establish paternity Boca Raton, Florida
To obtain parental visitation, or even partial Custody of your children as a single parent, the first thing you need to do is establish paternity by filing a Paternity Establishment Application. This procedure requires you to obtain a court order and may require a DNA test to determine paternity. Once paternity is established, the father can exercise his rights and request custody and visitation of the child, at which point timeshare rights can be established.
Once paternity is established and the father applies for custody and timeshare rights, custody cases for unmarried couples proceed similarly to those for formerly married couples. Before appearing in court, each parent must prepare a parenting plan to be presented to the judge, detailing the father’s desires for the child and his plans for future care. At this point, it will be up to the judge to use the child’s best interests in deciding custody and timeshare issues. Depending on the desires and financial situation of each parent, a judge may decide to give one parent primary custody and allow visitation from the other parent, but in many cases joint custody is the preferred option, allowing both parents to have an equal role in parenting the child can play. .
Single Father Rights and Your Parental Rights
If you are not married in Tampa Bay and have not yet established paternity, you do not have legal custody or right to timeshare with your minor child. If you are not married and are about to become parents, you should consult with an attorney before the child is born and before the birth certificate is signed. This may sound harsh, but it simply ensures that your rights are protected going forward. Why might this be an important first step? In Florida, you have the right to petition the courts to establish legal paternity. However, if you sign the birth certificate when a child is born and are unmarried and for some reason discover that you are not the biological father, you may still be held financially liable until paternity has ended.
Children’s welfare