Posted on October 21, 2024 in Paternity

In Florida, paternity can be established in various ways. When a straight, married couple has a baby, the wife is considered the mother, and the husband is considered the father without either parent needing to prove their relationship to the child.

When a couple is not married, it can be slightly more complicated. The woman who gave birth is automatically considered the mother and her name will appear on the baby’s birth certificate. The father’s relationship needs to be proved through a DNA test, which can happen with both parents’ consent or against one of their wishes through court orders. If you want to prove you are the father of a child whose mother is trying to keep you away, contact an experienced Miami, FL family law attorney for help.

How Is Paternity Established for Unmarried, Willing Parents in Florida?

A biological mother is recognized no matter what happens. When she gives birth, she is automatically legally considered the mother. When two unmarried parents have a child, they can fill out a form known as a Paternity Acknowledgement in the hospital at the time of birth. The father’s name will appear on the baby’s birth certificate alongside the mother’s, and he will be eligible for parental rights and responsibilities. If unmarried parents decide to establish paternity after the birth anytime until the child turns 18, they can fill out an Acknowledgement of Paternity Form in the presence of a notary public or two witnesses.

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 Posted on October 08, 2024 in Divorce

When a couple in Florida decides to get a divorce, there are several steps they need to go through before their marriage is officially and legally over. One of the most important stages is called the discovery process. During this stage, both spouses have the chance to get essential information from each other to help avoid surprises down the line and to encourage a fair division of responsibilities and marital assets. To learn more, speak with an experienced Miami, FL family law attorney.

Why is Discovery Important During Divorce?

When a couple gets a divorce, they need to draft a settlement that addresses all the ways their lives will now continue separately. Whether they are considering how to split their parental responsibilities, finances, or anything else, it would be impossible to calculate a fair division without having all the necessary information. 

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 Posted on September 26, 2024 in Divorce

If you live in Florida, chances are you know what a snowbird is. No, this article is not about a winged animal that moves around based on weather patterns. In Florida, a snowbird is someone who lives somewhere, generally in the northern part of the country, where winter is harsh and uncomfortable, and who stays in that location during the warmer summer months but moves to Florida for the winter. This is not a type of vacation but rather a lifestyle where a person has two residences: one in a location with cold winters, the other in Florida.

It is easy to imagine why this might be such a popular lifestyle choice for many Americans.

However, there can be complications involved when someone splits their time between two locations, especially during legal proceedings like divorce. This article will discuss Florida residency requirements for divorce purposes. If you are a snowbird considering divorce, speak with an experienced Miami, FL divorce lawyer to learn more.

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 Posted on September 12, 2024 in Divorce

When people get divorced, one of the most commonly asked questions is who gets to keep the house. Some people own cars, artwork, family heirlooms, and significant stocks, but for many people, their home is the biggest asset they own. It can be emotional and stressful trying to figure out who gets to keep it. Since Florida follows an equitable distribution model for dividing marital assets in a divorce, there is no one right answer. A knowledgeable Miami, FL family law attorney can explain your options and offer useful guidance.

How Does Florida Law Handle Property Division?

The simple answer is there is no simple answer. There is no law stating that the husband or wife always gets to keep the house. Instead, Florida law has two categories for the property that a couple has:

• Marital property: Anything either spouse acquired during the marriage is considered the couple’s property.

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 Posted on August 21, 2024 in Divorce

If you are a stay-at-home parent in Florida, you might be feeling anxious about how divorce can affect your life. It is normal to have concerns about financial stability, custody, and your future. However, understanding Florida’s divorce laws can help alleviate some of that fear. There are legal protections and resources designed to support you during this transition. A qualified Miami, FL family law attorney can explain why financial concerns should not keep you in an unhealthy marriage.

Equitable Distribution of Assets in a Florida Divorce

Florida law follows an equitable distribution model for dividing marital assets. What that means is that all property and debts accumulated during the marriage are divided fairly in divorce, not necessarily equally. As a stay-at-home mom, you are entitled to a fair share of the marital assets, which may include the family home, savings, and other investments. Equitable distribution is determined by several factors, including:

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 Posted on August 12, 2024 in Domestic Violence

Dealing with an abusive ex can be incredibly challenging. It becomes more problematic if you have children together. As a parent, you want to protect your children from domestic violence while trying to manage the emotional and legal impact on your family. If you are trying to navigate a situation like this, speak with a trusted Miami, FL family law attorney to understand your options.

Legal Steps to Take

Abuse can come in many forms, including physical, emotional, and verbal, and it can have a significant impact on your children. If your ex is abusive, you need to take action to protect yourself and your children. Some of the legal steps you might consider are:

• Requesting a restraining order: In Miami, you can apply for a restraining order if you fear for your or your children’s safety. This enforceable legal document has the legal authority to prohibit your ex from contacting you or coming near you and your children. If you have evidence of abuse, this can help support your request.

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 Posted on July 25, 2024 in Family Law

A new Florida law took effect on July 1, 2023, that revised the laws governing the establishment of paternity. The goal of the new law is to give unwed fathers the same rights as fathers who are married to their child’s mother. Parental rights that were once the sole purview of an unwed mother now extend to unwed fathers as well. The previous law left unwed fathers with no clearly defined parental rights. Once paternity is established under HB 775, full parental rights are granted to the father – the same rights as the child’s mother.

Unwed fathers who may have felt as though they had no real place in their child’s life or future could benefit from speaking to a knowledgeable Miami, FL paternity lawyer. Speaking to an attorney ensures these new laws will be applied to unwed fathers with newborns as well as fathers of older children. The details can be sorted out and clearly set forth so all those involved are aware of how these new laws affect them.

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 Posted on July 17, 2024 in Adoption

Prospective parents who are seeking to adopt a baby often worry about whether they will be considered qualified. While the adoption process can be stringent and time-consuming, most stable adults can meet the basic legal requirements to adopt a child in Florida. Approaching an agency adoption can be intimidating, as you will require approval from both the courts and the agency responsible for matching children and parents. It is always best to be represented by an experienced Miami, FL adoption attorney before you start your application. A lawyer can review the requirements with you to help ensure that you are eligible to become adoptive parents before you begin this arduous process. 

Understanding Florida’s Adoption Requirements 

The legal requirements to adopt a child in Florida are fairly basic, although specific agencies may have additional requirements. Generally, you must be able to show that you are: 

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 Posted on June 19, 2024 in Family Law

Some children do very well being homeschooled. Others need the socialization and structure of traditional schooling. If you and your child’s other parent are getting divorced and intend to continue or begin homeschooling, you should familiarize yourself with both the risks and the benefits. You also need to examine not only your own ability to teach your child at home, but the other parent’s ability to commit to your child’s education and other factors that may influence whether homeschooling after divorce is right for you when you are creating a child custody plan. A knowledgeable Miami, FL divorce and child custody attorney can help you and your spouse decide whether the benefits of homeschooling outweigh the risks in your particular case. 

The Risks of Homeschooling for Divorced Parents 

A few of the potential pitfalls of homeschooling your child after getting divorced include: 

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 Posted on June 12, 2024 in Child Custody

When a child is attending a traditional brick-and-mortar school, shared child custody arrangements can be very difficult unless the parents live close together. Your options in that situation might be limited to giving one parent custody during the school year while the other parent is limited to seeing the child only during breaks from school. Homeschooling can allow for a 50/50 or similar child custody arrangement. There are benefits and risks associated with homeschooling after divorce. A Miami, FL child custody attorney can help you decide whether homeschooling is right for you and your child. 

Benefits of Homeschooling After Divorce 

The most notable benefit of homeschooling is that you can create a child custody schedule without having to worry about transporting your child to and from school. If one parent lives a little too far from your child’s school to reasonably drive him there every day, homeschooling can make it easy for you to share time with your child more easily. 

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