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Paternity : Parental Responsibility And Timesharing
The decision to file a paternity action against another parent can be a difficult one. What can be even more difficult is filing the proper documentation and asserting the proper legal grounds so that the judge can grant your requests. Family law can be very fact-intensive and it is important to communicate the factual circumstances in a clear and organized way so that the judge can make the best ruling possible given the factual circumstances. For those reasons, retaining the right attorney is vital.
If you choose to retain our law firm, we will ensure that we allege all of your wishes in accordance with the law when it comes to your paternity action. There are several aspects of a paternity action that must be resolved. Before anything else can be determined, paternity must first be established. Either parent can elect that the other parent takes a DNA test to determine whether the Father is the natural Father of the child. Otherwise, paternity can be acknowledged. The next step that must be determined is parental responsibility. The parent who has parental responsibility would have the decision making power to make the major decisions in regards to the child’s education, medical care, etc. Timesharing is also determined in a paternity action and is established according to the standard of the best interest of the child. There are numerous factors outlined in the Florida Statutes that judges utilize to determine a timesharing or custody schedule. Child support is determined by four major factors including the income of both the parents, the expenses of daycare, and health insurance. Other factors that may influence child support is the amount of timesharing that both parties share with the minor child and other child support orders for other children.
We have represented numerous clients with their paternity actions and ensure that their desires are communicated to the court for the well-being of their child(ren). We take great pride in advocating zealously for our clients and we will ensure that your interests are communicated to the court so that the court is equipped the best decision in the best interest of your child(ren).
Modification of a Paternity Order
Some people find themselves in a situation where a few years or maybe even a few months down the line that a paternity order or decree may be outdated. The order or decree can be outdated because it is too vague or too specific and no longer fits the situation for you and your family. If you are considering whether to modify your order or decree, it is important that you understand the heightened legal standard. The initial establishment of timesharing is according to the best interest of the child standard. In order to modify an order, you must establish that there is a substantial change in circumstances. If you retain our firm, we will draft the modification action that can meet the muster. It is anticipated that the opposing party will file motions to dismiss because the substantial change in circumstances standard is difficult to reach. I can assist you with these efforts so that a modification may be obtained.
Do you have a current timesharing order or parenting plan that specifically states that you must file a petition or motion with the court if you intend to move 50 miles or more away from your current residence?
Well, it is important that you plead this the right way as the consequences can be grave. We have witnessed on numerous occasions where the judge will change primary custody or the timesharing order as a consequence of a parent unilaterally moving prior to seeking permission from the court or obtaining consent from the other parent pursuant to Florida Statutes 61.13001. We are ready and able to assist you with your efforts to relocate to a different county or state to ensure that you are in the best position possible for the Court to grant the relocation with you and your minor child.