Establishing Paternity in Court

If a child is not the product of a marriage, there are 4 ways to establish paternity:

• Both parties sign an acknowledgement of paternity
• A genetic test establishes fatherhood
• A judge provides a court order of paternity
• The couple gets married after the child is born and updates the birth record accordingly

When paternity is contested, either the mother or any man who thinks he may be the father can bring a petition to establish paternity. Both parties must attend a hearing to present evidence and the judge may order genetic testing for everyone involved. If an alleged father does not participate in the proceeding, a court may enter an order that makes him the “default” legal father which will open him up to payment of a child support obligation.

A man who believes he has fathered a child out of marriage can and should file with the Florida Putative Father Registry to put his parental rights on record. To do so, he must consent to potential DNA testing and be willing to support the child.

Modification of Child Support

Either parent may seek modification of any child support order. For the court to order a modification, a judge must find that the modification serves the best interests of the child and that there has been a substantial change in circumstances or the child is no longer eligible for support. If modification is appropriate, the court may increase or decrease the monthly support payment or may alter the terms of payment.

Termination of Child Support

In Florida, the child support obligation ends when a child reaches age 18. It will also terminate if the child is emancipated, enters into a valid marriage, dies, or joins the military.

Custody Determination

Generally, Florida courts make custody decisions based on the best interests of the child standard. A judge will consider things such as: Which parent is most likely to allow open and frequent access to the child by the non-custodial parent and other family; The child's relationship with each parent; Each parent's work schedule; The relative stability that each household can provide the child.

Children may not legally choose which parent to live with. The court will still listen to a child's preference and, if there is a legitimate reason for that preference, may find that the choice is in the best interests of that child.

Modification of Child Support

Either parent may seek modification of any child support order. For the court to order a modification, a judge must find that the modification serves the best interests of the child and that there has been a substantial change in circumstances or the child is no longer eligible for support. If modification is appropriate, the court may increase or decrease the monthly support payment or may alter the terms of payment.

If you are the custodial parent and wish to move more than 50 miles away from your current residence, there are certain requirements that you must fulfill prior to any move. It is wise to speak to an experienced attorney before you start packing.

If you desire to relocate more than 50 miles away with your child, you may need to get permission from the non-custodial parent or the court. This will require you to file papers with the court and serve the non-custodial parent. The papers must contain information related to your move, the reasons for your move, and a plan to comply with any visitation or timesharing schedules in place. The non-custodial parent may object to the relocation as a whole or any portion thereof and a hearing before a judge will be held. The parties may also agree to the relocation and work out the details between themselves.

Leonard Legal understands the emotionally charged nature of these issues. We will work together to develop an approach that is aggressive and designed to protect both your rights and what's in the best interests of your children.

Timesharing & Parenting Plans

Parenting Plans

A Parenting Plan outlines how parents will share the rights and responsibilities of raising their children and includes a timesharing schedule.

Parents can work together and develop a mutually agreeable Parenting Plan and Timesharing schedule. If the parents agree, they can submit their joint proposal to the court. A judge will normally sign off on any agreed plans, but does retain the authority to change any provisions so long as it is in the best interests of the child.

If the parents cannot come to an agreement, each will submit a proposed parenting plan and timesharing to the court. The court will review each plan and can either adopt one or craft one on its own.

Any Parenting Plan must be as detailed and specific as possible. The more you explain the particulars of your family and your situation, the more effective your plan will be.

All plans must include:

• How parental rights, responsibilities and child care will be shared
• How decisions about education, medical and dental care, extracurricular activities, religious participation, travel and discipline will be shared
• How expenses related to education, medical and dental care and child care will be divided
• How timesharing will be divided, including a specific timesharing schedule
• How transportation and child exchanges will occur
• How parents will communicate with each other
• How children will communicate with the other parent during timesharing
• How changes to the plan and schedules will be handled
• How conflicts related to the parenting plan and timesharing will be resolved

In addition, plans should anticipate future needs as the child grows. You should also outline how decisions will be made for other issues relevant to your child like health needs, social media usage, driving, etc.

Modifying Your Plan

In Florida, the court will only modify a parenting plan if at least one of the following is true:

• The child's safety is at risk;
• The child would benefit significantly from the change;
• The parents' circumstances have changed dramatically, leaving them unable to meet their parental responsibilities and timesharing obligations.

Either parent can ask the court to modify a current parenting plan or they parents can agree on their own to modify a plan. It is vitally important to always document changes carefully.

If you are seeking to modify a parenting plan, you should seek the advice of an experienced family law attorney like Christine Leonard and Leonard Legal.

Timesharing Plans

A Timesharing Schedule is the part of your Parenting Plan that describes when the children live and spend time with each parent. The parents can agree on a timesharing arrangement in a settlement or submit proposed Parenting Plan during a trial.

Florida courts emphasize the importance of timesharing plans that prioritize the best interests of the children while supporting and fostering the parent-child relationship.

The court will consider many factors in determining timesharing schedules, but generally the schedule should:

• Minimize disruption and loss experienced by the child
• Ensure the children's safety and stability
• Shield the children from conflict
• Maximize the relationships between both the custodial parent and the non-custodial parent
• Anticipate and plan for changes in circumstances

The Court must also consider your child's age and temperament, any special needs, daily schedule, school and community involvement, sibling or other family relationships, each parents schedule and lifestyle, each parents ability to meet the needs of the child, and each parents willingness to share responsibility.

A timesharing schedule has to be age appropriate and flexible enough to anticipate growth and change. As children get older, school obligations and extracurricular activities increase and become bigger portions of the child's life.

Leonard Legal has the experience to help parents reach the best timesharing schedule. If there is a dispute related to timesharing or if you are seeking to modify timesharing, give Leonard Legal a call. We take a hands-on, aggressive approach to your issues while keeping your goals at the forefront.

Determining Alimony

The Court will consider many factors when considering an alimony award. These factors include, but are not limited to:

• The standard of living established during the marriage
• How long the parties were married
• The tax consequences of the alimony award
• The adultery of either spouse
• How old each spouse is and their physical and mental status
• The financial resources of each spouse
• The earning capacities, educational levels, vocational skills, employability of the parties, and the time necessary to acquire education or training
• The contributions to the marriage made by each spouse, including financial support and services
• Each spouses’ responsibilities to their minor children
• All sources of income available to either party

Types of Alimony

There are several types of alimony that can be awarded individually or combined should the court find alimony appropriate

Temporary

Temporary alimony is paid during the pending divorce action. The spouse seeking Temporary Alimony must demonstrate that he or she has actual financial need. However, even if the spouse can show actual financial need, a court will not award Temporary Alimony if doing so would cause the paying spouse not to be able to support him or herself.

Permanent

Permanent alimony payments are made to the receiving spouse for life, or until they remarry. This type of alimony is meant for situations where a former spouse is incapable of taking care of themselves, and their economic need will last for the rest of their life. Permanent alimony can also be awarded following the dissolution of a long term marriage (one lasting 17 years or more), but should be only used when no other form of alimony is fair and reasonable under the circumstances. The court should award permanent alimony payments that allow for the former spouse to maintain a similar standard of living that he or she enjoyed during the marriage.

Permanent

Rehabilitative alimony is meant to assist a former spouse in becoming self-sufficient. The spouse seeking Rehabilitative alimony must provide the court with a Specific and Defined Rehabilitative Plan that should involve development of employment skills or credentials. These awards can be modified upon a showing of a substantial change in circumstances, failure to comply with the rehabilitative plan, or completion of that plan.

Bridge-the-Gap

This type of alimony is awarded to help a former spouse transition from married life to their new single life. A Bridge-the-Gap Alimony award is meant to assist with the legitimate, short-term needs of the spouse. These needs would include things like, securing a new home, setting up utilities, purchasing new furniture, and so on. This type of alimony cannot be modified and cannot be awarded for a period longer than two (2) years. A spouse receiving Bridge-the-Gap alimony can be awarded other types of alimony as well.

Durational

Durational alimony provides payments to a former spouse for a set period of time that cannot exceed the length of the marriage. This type of alimony can be modified as to amount if there is a substantial change in circumstances, but the duration of such payments cannot be modified.