Custody In Same-Sex Marriages or Divorces

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Custody In Same-Sex Marriages or Divorces

We delve into the intricacies of custody in same-sex marriages or divorces, exploring the legal landscape and key considerations.

Florida Family Law · May 23, 2023

Same-sex couple and their son Same-sex marriages have been legal in Florida since 2015 and they are handled much in the same way as a heterosexual marriage or divorce is handled. In this blog article, we will delve into the intricacies of custody in same-sex marriages or divorces, exploring the legal landscape, key considerations, and practical steps that couples can take to protect their parental rights and secure the well-being of their children. We will discuss various aspects, such as establishing legal parentage, determining custody arrangements, co-parenting agreements, and the significance of working with an experienced family law attorney who specializes in same-sex family law matters.

How Is Division of Property and Debts Handled in Same-Sex Divorces?

Under Florida law, all marital property is subject to an equitable distribution of 50/50.   However, in both instances, couples can have a prenuptial agreement or postnuptial agreement that addresses specific division of property owned by the parties to circumvent any presumed ownership of the property.  Any debt that has been created during the marriage is considered to be marital debt unless there is an agreement otherwise.

Who Pays Alimony?

Spousal support is handled the same way for all divorces.  The length of marriage is a determining factor as well as the need for one spouse to be granted spousal support and the ability of the other spouse to pay for spousal support.  There is a mathematical formula used in calculating child support in the State of Florida, but no such set formula exists when addressing alimony. Judges may have some discretion in determining how much and what type of alimony should be granted in divorces within the boundary of the law. Important factors to be aware of as far as alimony is concerned in any type of divorce are:
  1. What was the standard of living during the lifetime of the marriage?
  2. Was there an agreement that one spouse would be the higher wage earner while the other spouse worked part-time or didn’t work at all perhaps because they were the primary caretakers of the child?
  3. Did one of the parties have some physical or emotional condition which prevented them from working?
  4. What types of alimony are available

How is Custody In Same-Sex Marriages or Divorces Determined?

If one party has given birth to a child during the marriage, it is presumed that the other party is the legal “other parent” of the child.   However, since our laws are still a bit lagging as to how non-traditional marriages are addressed in statutes, and in order to avoid any confusion whatsoever, there are a couple of ways to ensure that the non-birth parent, or parents, have a clear definition of their role in a child’s life and their rights as a legal guardian/parent are clearly defined.
  1. A petition for a declaratory judgment of parentage can be filed with the court if the parties were married at the time of the child’s birth.
  2. A joint petition for adoption by a second parent can be filed if the child was born before the marriage and there is only the mother’s name on the child’s birth certificate.
  3. A joint petition for adoption by a step-parent can be filed if the child was born outside of a marriage and there is another parent listed on the birth certificate. However, consent of that parent may have to be given for this type of adoption to go through.
  4. If there is a surrogate mother, a petition for adoption can be filed by both parties with the consent of the surrogate mother and/or biological father.

Who Pays Child Support?

There is no difference whatsoever in determining what child support or timesharing should be in any type of divorce.  There is a specific formula used according to Florida’s guidelines that contain:
  1. The income of both parents
  2. The child’s health and childcare expenses
  3. The standard basic needs for the child
  4. The standard of living for the child while the parties were married
If a child has specific medical or emotional needs, a judge may deviate from the child support guidelines to include any special circumstances. As in all marriages and divorces, no matter who the parties are, Family Matters Law Group (FMLG) has the experience and knowledge to guide them through prenuptial agreements, postnuptial agreements, divorces, parenting plans, marital settlement agreements. Most of FMLG’s cases are settled through their experienced mediation services which is an excellent way of avoiding costly and emotional trials.  Call our offices at 954-866-2920 to schedule your free consultation.

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What Are The Different Types of Alimony in Florida?

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What Are The Different Types of Alimony in Florida?

We explore alimony in Florida, the different types of alimony and the various considerations that come into play during the alimony process.

Florida Family Law · May 16, 2023

Person make calculations while counting money Navigating the complexities of divorce is an emotionally challenging journey, and one critical aspect that often arises is the issue of alimony. In the state of Florida, alimony serves as a means to provide financial support to a spouse who may face economic hardships following the dissolution of a marriage. Understanding the intricacies of alimony is essential for individuals going through divorce proceedings, as it can have a significant impact on their financial well-being and future stability. In this article, we will explore the ins and outs of alimony in Florida, shedding light on the different types of alimony, the factors considered in determining eligibility, and the various considerations that come into play during the alimony process. Whether you’re seeking information as a potential recipient or have questions as a potential payer, this comprehensive guide will provide you with the knowledge and insights necessary to navigate the complexities of alimony in Florida.

What Are The Different Types of Alimony?

Temporary Alimony It’s a type of financial support that can be awarded to the lower-earning spouse during the divorce process. Its purpose is to provide immediate assistance to maintain a reasonable standard of living until a final settlement is reached. Temporary alimony is typically granted to ensure that the lower-earning spouse has the necessary resources to cover essential expenses such as housing, utilities, and living costs during the divorce proceedings. However, it is important to note that once the divorce is finalized, the temporary alimony may cease or be replaced by a different type of alimony arrangement. Bridge-the-Gap Alimony Serves a specific purpose in helping the recipient spouse transition into their new life as a single individual. It is intended to provide short-term financial assistance for a limited duration. This type of alimony aims to address immediate financial needs, such as securing housing, obtaining employment, or acquiring necessary skills or education to become self-sufficient. Unlike other forms of alimony, bridge-the-gap alimony typically has a predetermined end date and cannot be modified once it has been established. Rehabilitative Alimony It’s designed to support the recipient spouse in achieving financial self-sufficiency. It is often awarded when one spouse requires assistance to develop or enhance their skills, education, or vocational training in order to enter or reenter the workforce successfully. The duration of rehabilitative alimony is typically limited and is contingent upon the recipient spouse’s ability to complete the specified rehabilitation plan, which may include educational programs or job training. It is important to note that rehabilitative alimony is subject to periodic review to ensure the recipient’s progress towards achieving financial independence. Durational Alimony  It’s a type of alimony that is awarded when permanent support is not deemed necessary. It is typically granted for a specific period and cannot exceed the length of the marriage. Durational alimony provides financial assistance to the recipient spouse for a duration that is determined based on the unique circumstances of the marriage and the court’s discretion. It is important to consult with a family law attorney to understand the specific factors that influence the duration and amount of durational alimony in your case. Permanent alimony It’s awarded in cases where there has been a long-term marriage, and the recipient spouse requires ongoing financial support even after the divorce is finalized. It is intended to provide a level of economic stability to the spouse who may have sacrificed career opportunities or significant contributions to the marriage. Permanent alimony remains in effect until the recipient spouse remarries or until either party passes away. However, it is important to note that changes in circumstances may warrant a modification or termination of permanent alimony, and it is advisable to consult with an experienced family law attorney to navigate the complexities associated with permanent alimony arrangements. The specific amount and duration of alimony payments depends on various factors such as the length of the marriage, the standard of living maintained during the marriage, the earning capacity of both spouses, and, in some cases, whether one spouse has made sacrifices in pursuing educational goals or career opportunities to support the other spouse or the family as a whole. Understanding the different types of alimony available in Florida is essential when navigating a divorce or separation. Whether it’s temporary alimony, bridge-the-gap alimony, rehabilitative alimony, durational alimony, or permanent alimony, each type serves a specific purpose based on the circumstances of the marriage and the financial needs of the parties involved. Determining the appropriate type and amount of alimony requires careful consideration of factors such as the length of the marriage, standard of living, earning capacity, and potential sacrifices made by one spouse. If you’re facing alimony issues in your divorce or need guidance on how to navigate the complexities of alimony laws in Florida, it’s crucial to consult with a skilled family law attorney who can provide expert advice and advocate for your rights. Contact us today to schedule a consultation and ensure your alimony matters are handled with the utmost care and professionalism. Your financial future and peace of mind deserve the expertise of a dedicated legal team by your side.

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Can I establish a child custody agreement without court?

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Can I establish a child custody agreement without court?

In this blog post, we will go over what is a child custody agreement, and whether it’s possible to establish one without court.

Florida Family Law · May 9, 2023

Mother and father playing with their child When parents separate or divorce, one of the most critical issues they must resolve is child custody. A child custody agreement outlines how the parents will share responsibility for their children and make decisions about their welfare. This agreement is crucial as it not only impacts the children’s lives but also the parents’ ability to co-parent effectively. In this blog post, we will go over what is a child custody agreement, and whether it’s possible to establish one without court.

What is a child custody agreement?

A child custody agreement, or parenting plan, covers a lot of information, based upon the family’s specific needs and situations.  Below are a few basic subjects that could be addressed in a parenting plan:
  • Who has decision-making authority for the child
  • What timesharing (visitation) schedule works for all parties
  • How the parties will handle transportation of the child from one parent to the other when exchanges take place
  • Child support obligations and method of payment
  • Specifics on how holidays, vacations, or school closings are handled which are outside of the regular timesharing schedule
  • How and what expenses are shared by the parents which are not covered in child support guidelines, such as medical expenses not covered by health insurance, extracurricular activities’ costs, school supplies, etc.
  • Where the child should go to school
These are just a few things that can be addressed in a parenting plan or custody agreement.  It is always a good idea to have an attorney review any agreement before signing the same to make sure that all possible scenarios are covered.
  • There are many ways to lay out the particulars of what a parenting plan would look like. It could be a 50/50 timesharing plan, where each parent would have 50% of the overnights with the child.  That could translate to these possible scenarios:
  • week on/week off schedule
  • a 4/3 schedule, 4 days one week and 3 days the next week, then rotate
  • a 3/2/2 schedule
  • one parent having the child during the school week and the other having every Friday, Saturday and Sunday nights and make up the lost day in extended summer or holidays
If one of the parents works nights and, therefore, overnights would not work for that parent, our attorneys and mediators can be very creative in how to deal with special circumstances, such as that.

Child custody agreement without court

When parents of a minor child are no longer living together, or are no longer in a personal relationship with each other, whether married or not, a child custody agreement or parenting plan could be entered into without the necessity of any type of court filing. This could be a verbal agreement or a written agreement.  The parties could even attend a mediation to come up with an agreement or have an attorney draw up an agreement to be signed by both parties. If both parents want to share custody and responsibility of their child without going through the court system while they work out their personal relationship issues, they could hire a mediator who could help both of them come up with a plan that works for everyone. A mediator is a neutral third party who facilitates communication and negotiation between the parents to reach a mutually agreeable custody arrangement. The mediator does not represent either parent, but instead helps the parents develop a parenting plan that meets the needs of the child. However, if there is no active legal case concerning the child –whether by paternity, child support, or dissolution of marriage, for instance– that agreement alone may not be legally enforceable because there would be no legal vehicle for a judge to enforce it should one of the parties quit complying with the terms of the agreement. The rule of thumb is that if both parties agree to any changes in an agreed parenting plan, ratified by the court or not, no action is required. But, once they don’t agree to any changes, they would default back to the original agreement. If this agreement is done outside of any legal action having been filed with the court, then the only way to address a modification of that original agreement or non-compliance with that agreement is through a court action, such as a divorce or paternity case —if that action would be a paternity case, find here some further information for unmarried fathers or unmarried mothers and what their rights are. Child custody cases can be complex and emotional, and it’s crucial to have the right support and guidance throughout the process. While mediators can provide valuable assistance in helping parents come to a mutually agreeable custody arrangement, there are situations where it’s necessary to involve an attorney to protect your rights and the best interests of your child. If you’re facing a child custody dispute or need legal advice on any family law matter Family Law is here to help you navigate the legal system and find the best possible outcome for you and your family. Call us today to schedule a consultation.

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Understanding Child Support in Florida

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Understanding Child Support in Florida

We delve into the intricacies of child support in Florida,from calculation methods to legal considerations.

Florida Family Law · May 2, 2023

Father and young daughter holding hands Navigating the complexities of child support can be overwhelming for parents facing the challenges of separation or divorce. The financial responsibility of supporting your children is not only a legal obligation but also a vital aspect of ensuring their well-being and providing for their needs. In this blog post, we will delve into the intricacies of child support in Florida, shedding light on its significance, calculation methods, legal considerations, and the overall impact it has on the lives of children and parents.

Who is primarily responsible to pay child support?

Under Florida law, child support for minor children is required of both parents and cannot be waived in a family law legal case. The State of Florida encourages equal rights and responsibilities for children. Child support is a legal duty required of both parties. The way that child support is calculated is through a formula called the gross-up method. This formula takes into account the following variables:
  • incomes of both parents,
  • the number of children involved
  • certain expenses, such as health insurance and after-school care
  • the number of overnight visits that each parent has with the child
The court typically orders support to be paid until the child reaches the age of majority (18), or until the child graduates from high school; but, in some cases, it may be extended beyond that timeframe if there are special circumstances that require support beyond that time such as a disability of some type.  The purpose of child support is to ensure that the child’s basic needs are met and that the child can enjoy a standard of living similar to what it would have been had both parents stayed together. In Florida, up to 50 percent of a person’s disposable income can be garnished to cover child support. That percentage can go even higher under certain criteria. You might ask how child support can be calculated if one of the parents doesn’t work? Primarily, minimum wage income could be imputed to that non-working parent.  Or, if the non-working parent is willingly unemployed, yet qualified to work and earn a certain amount of income based upon his or her education and/or experience, that potential income could be imputed to them. When filing for child support, the rule of thumb is that you can ask for retroactive child support for the last 24 month or from when the parents last lived together – whichever is the shortest.

How is child support paid?

There are several methods to pay child support. These are the most common:
  • Directly to the payee
  • Through the Florida Department of Revenue, Child Support Enforcement Office where both parties create accounts to pay into and to receive those funds
  • Through an Income Withholding Order (or Income Deduction Order) which is when the payor’s paycheck gets garnished to ensure that payee receives those funds

What to do when the other parent doesn’t pay what they’re supposed to?

While not paying your child support obligation can be distressing to the parent to whom the payments are owed, it does not give that parent the right to withhold timesharing from the non-paying parent if there is a parenting plan in place. The remedy for the parent who depends on that child support to meet the child’s needs is by filing a motion for contempt and enforcement. Florida has stringent child support laws to ensure that a parent is paying his/her required amount of support. There are several legal consequences that a person can face if they’re willingly avoiding paying child support, such as income withholding, suspension of driver’s license or professional licenses and even imprisonment (if the situation is extreme). Child support enforcement in Florida is taken seriously, and the state has a dedicated agency, the Florida Department of Revenue, Child Support Enforcement, that oversees and enforces child support orders. Parents who encounter difficulties in receiving child support payments or need assistance with enforcement can seek the guidance of an experienced family law attorney or contact the Florida Department of Revenue’s Child Support Enforcement for support and guidance throughout the enforcement process. If you’re having difficulties in receiving child support payments or are unable to pay your due child support and are in need of legal assistance to modify the child support, contact us today for a consultation. We’re here to help!

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Court-Ordered Paternity Test in Florida: All You Need to Know

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Court-Ordered Paternity Test in Florida: All You Need to Know

Read our blog to learn about court-ordered paternity test in Florida, including how to get one and who pays for it.

Florida Family Law · April 22, 2023

Father embracing his baby Establishing legal paternity is essential in determining parental rights, child support, and other legal matters. In Florida, there are several options for paternity testing, including prenatal paternity tests and court-ordered paternity tests. In this article, we will explore the different options available for paternity testing in Florida, including how to get a court-ordered paternity test, who pays for it, and the benefits of establishing legal paternity.

Prenatal Paternity Testing

You might be wondering why do you need a prenatal paternity test. Truth is, even if the father signed an Affidavit of Paternity at the hospital, or a mother put his name on the birth certificate, that, in and of itself, does not establish rights or custody of the child as far as the biological father is concerned. The mother has all the rights to the child under the Florida Natural Guardian Statute. If a father is not married to the mother, he would want to file a petition to establish paternity as soon as the baby is born in order to legally obtain his rights to make decisions about the child or have a timesharing schedule (visitation) with the child. Even if the baby hasn’t been born yet, it’s possible to perform paternity test while pregnant. This is called prenatal paternity testing. Prenatal paternity testing can help families plan for the future and provide peace of mind. Prenatal paternity tests are highly accurate, with a reliability rate of over 99 percent. However, there is a small risk of complications associated with the procedure, so it’s best-advised to consult with your doctor before undergoing prenatal paternity testing.

How to Get a Court-Ordered Paternity Test

If paternity is in question and there is a pending lawsuit concerning that child, such as a divorce, child support, or an actual disestablishment or establishment of paternity, a judge can order a DNA test to be performed.  That Order would indicate where the test is to take place and give the parties a certain length of time to finish the testing.  This is done through the Court so that the chain of custody of the results of the paternity test are secured.  The results go straight to the judge as well as to the parties. Mothers can’t refuse a court-ordered paternity test. While a mother may initially refuse the procedure, failure to comply with a court order can result in legal consequences. A mother who refuses a court-ordered paternity test may be held in contempt of court and may face fines or even jail time. It is also important to note that a court-ordered paternity test is different from a self-ordered legal paternity test. While a court-ordered paternity test is ordered by a judge and can be used as evidence in court, a self-ordered legal paternity test is not admissible in court and cannot be used to establish legal paternity.

Who pays for a court order paternity test?

Sometimes the judge will order that the parties split the cost of the paternity testing or have the person requesting the test to pay for the full costs.  There have been occasions where the judge has ordered the mother to reimburse the opposing party for the testing when the DNA results showed that the opposing party was not the biological father.  Failure to comply with the order of the court could result in one being held in contempt of court.

Reasons to Get a Court-Ordered Paternity Test

There are many benefits of establishing legal paternity. These are just a few.
  • To establish legal paternity: In cases where the father’s identity is in question or where there is a dispute over paternity, a court-ordered paternity test can provide a definitive answer. Once paternity is established, it can help ensure that the child receives the financial and emotional support they need.
  • To seek child custody or visitation rights: In cases where the father is not listed on the birth certificate or where the mother is refusing to allow the father to see the child, a paternity test can help establish legal rights. With a court-ordered paternity test, the father can seek to establish legal custody or visitation rights.
  • When seeking child support: In Florida, child support is determined based on a variety of factors, including the income of both parents and the number of children they have. Once paternity is established, the father can be required to provide financial support for the child. This can be particularly important in cases where the mother is struggling to make ends meet or where the child has significant medical or educational needs.
You might be wondering if it is possible to get a court-ordered paternity test without a lawyer. While it is always recommended to seek legal advice when navigating legal proceedings, it is possible to request a court-ordered paternity test without a lawyer. However, it is important to note that the process can be complex, and mistakes can be costly. Seeking legal advice can ensure that your rights and the rights of your child are protected throughout the process. At Family Matters Law Group have the professionals equipped to provide you the aid you need. If you or your loved ones are seeking to establish legal paternity over a child via court DNA test, contact us today and let us make the process as smooth and stress-free as possible.

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Major Reasons a Judge Will Change Custody

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Major Reasons a Judge Will Change Custody

In this article, we will explore the major reasons a judge will change custody and what do to change custody of a minor.

Florida Family Law · April 6, 2023

Father and son againts a sunset Child custody is a sensitive issue that often arises in family law cases. The court’s primary concern in a child custody case is the best interests of the child. However, circumstances can change over time, and it may become necessary to modify a custody order. In this article, we will explore the major reasons a judge will change custody.

Reasons a Judge Will Change Custody

Physical Relocation If one parent moves a significant distance away, it may be necessary to modify the custody arrangement to ensure that the child’s best interests are still being served. In Florida, a parent who wants to relocate with a child more than 50 miles away from their current residence must obtain permission from the other parent or seek court approval. If the other parent objects to the relocation, the court will consider various factors, such as the reason for the move, the child’s relationship with each parent, and the impact of the move on the child’s education, medical care, and social life. Frequent Disobedience of the Custody Order If one parent repeatedly violates the custody order, such as by failing to return the child on time or withholding visitation, the court may modify the custody arrangement to better protect the child’s interests. If a parent willfully violates a custody order, they can be held in contempt of court and may face sanctions or other penalties. Parent Becomes Incarcerated or Incapacitated If a parent becomes unable to care for the child due to incarceration, hospitalization, or other reasons, the court may modify custody to ensure that the child is cared for properly. In Florida, a parent who is incarcerated may petition the court for custody, but the court will consider various factors, such as the nature of the offense, the parent’s relationship with the child, and the impact of the incarceration on the child’s well-being. Significant Changes in the Child’s Needs or Circumstances If the child’s needs or circumstances change significantly, such as if they develop a medical condition that requires specialized care or if they experience emotional distress due to the custody arrangement, the court may modify custody to better meet the child’s needs. In Florida, the court may also consider the child’s preference if they are mature enough to express a preference.

When Can You Change Custody?

To change custody, a parent must file a motion with the court and demonstrate that there has been a significant change in circumstances that warrants modification of the custody order. In Florida, the court will consider various factors, such as the child’s relationship with each parent, the child’s needs, and the impact of any proposed changes on the child’s well-being. Child custody is a complex issue that requires careful consideration of the child’s best interests. A judge may change custody under certain circumstances, such as physical relocation, frequent disobedience of the custody order, parent’s incarceration or incapacitation, and significant changes in the child’s needs or circumstances. If you are considering a custody modification, it is important to consult with an experienced family law attorney to ensure that your rights and interests are protected. At Family Matters we have a team of experts that can help you with your case. Call our office at 954-866-2920 or fill in a form for a free consultation.

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How to get a passport for a minor as an unmarried parent

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How to get a passport for a minor as an unmarried parent

Learn about how to get a passport for a minor as an unmarried parent, what happens when the father cannot be located or if consent is refused.

Florida Family Law · February 7, 2023

Child holding a passport Getting a passport for your child should be an easy thing to do, unless there is a parent who is refusing to sign a consent for obtaining the same. When you apply for a passport, the child’s birth certificate is required to be attached to that application which shows who the legal parents are of that child. Keep reading to learn about how to get a passport for a minor as an unmarried parent, what happens when the father cannot be located to sign the petition and what to do if consent is refused.

How to get a passport for my minor as an unmarried mother?

Mothers need the consent of the biological father when his name is on the child’s birth certificate. Many times, the biological father will not give consent for various reasons and yet refuses to get his paternity established through the courts so that he has decision-making rights and shared parental responsibility of the child. When this happens, a specialized verified petition is required to be filed with the court and served upon the biological father.  This document is based upon the natural guardian statute in the State of Florida. A verified petition means that the mother has to swear before a Notary Public that the information contained within it is true and that petition has to be formally served upon the biological father.

What happens when the father cannot be located?

What complicates this type of scenario is when the biological father cannot be located in order to serve him with the petition.  When that happens, a due diligent search to locate him is required. There are many options to accomplishing this search. If he still cannot be located in order to serve the petition on him, the next step is to publish the action in a local business newspaper for 30 days.  At the end of that 30-day period, a hearing can be scheduled before the judge who will make a decision about granting a Final Judgment which allows the mother to obtain a passport without the consent of the biological father. If the parents were never married and the father’s name is not on the birth certificate, the process is much easier, but you still need a Final Judgment showing that you are the sole custodial parent and have the right to get a passport without consent of a father.

What to do if consent is refused by the other parent?

Sometimes consent is refused by one parent or the other, even when paternity was established, or the parties were divorced and both parents have shared parental responsibility and decision-making rights for the child.  If the parenting plan that has been approved by the court did not address obtaining a passport for a minor child or travel outside of the country with the child, then a motion can be filed within that divorce or paternity action requesting that the court grant permission to the petitioning parent to get a passport for the child without consent of the other parent. The non-consenting parent would be served with that motion and a hearing would then be scheduled with the judge so each party can address their issues in open court so that the judge can render a decision. If the parenting plan did address this subject and one of the parents is refusing to consent, then a motion for contempt could be filed and hearing heard on the same. Sometimes this can be a more complicated endeavor than is truly necessary, but our attorneys have become experts on how to get their clients the relief they need and deserve. If you are planning a trip outside of the country, make sure you give yourself enough time to obtain any order you might need to take with you to the Passport Office.  For more information, call our office at 954-866-2920 or fill in a form for a free consultation.

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How to Get Emergency Custody of a Minor

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How to Get Emergency Custody of a Minor

Keep reading to learn in which cases it’s possible to file an emergency custody order and what do when it’s denied.

Florida Family Law · January 23, 2023

Father and Daughter There are many situations where one might need to file an emergency motion with the court concerning a child’s welfare.  An emergency motion for immediate custody of a child can only be filed if there is a genuine crisis issue at stake concerning a child. Keep reading to learn in which cases it’s possible to file an emergency custody order and what do when it’s denied. When can I file an emergency custody order? Filing an emergency motion for immediate custody can only be done in the case of genuine concern for the child’s wellbeing. This normally happens in the following cases:
  • One parent has removed the child from the legal custodian or the legal parent without permission,
  • A parent has the child in his or her custody pursuant to a parenting plan, but is putting that child in danger in some way during their time-sharing schedule,
  • A father who was never married to the mother and who has not established his rights to the child but has taken custody of the child without the mother’s permission.
How do I file an emergency motion for immediate custody?            Whatever motion is filed, it will have to be verified by the person filing it (the Petitioner) by signing the motion before a notary public. When the motion is filed with the clerk of the court, there is a box to check that indicates that the motion is an emergency. That way the clerk knows to immediately send it to the judge for that judge to determine whether it’s a true emergency situation or not. Details of what has transpired are included in this motion for a judge to discern whether your motion is truly an emergency and warrants immediate action. That discernment is based on certain criteria which has to be met, such as:
  • There is a credible risk of imminent physical, emotional or psychological harm to the child.
  • There is a threat of child abduction or removal of the child from the jurisdiction of the court.
  • If the parent who has the child in custody is behaving in such way that it puts the child at risk.
If it is deemed to be an emergency, based upon the criteria mentioned above, the judge will set a hearing on the motion as soon as his or her docket allows. The judge is the one who sets the hearing so the petitioner must be ready to appear on the date and time indicated by the judge by way of an order or notice of hearing, and any opposing party (Respondent) must be served with both a copy of the motion and the notice of hearing. How should I proceed if the judge denies the motion? If the judge determines that it is not a true emergency, he or she will deny the motion insofar as it being an “emergency,” at which time it will be the responsibility of the petitioner to contact the judge’s judicial assistant to request a hearing date for the motion.  Again, the Respondent will need to be served with a copy of the motion and the notice of hearing so he or she can appear in court and respond to the motion. If you are facing a crisis that requires the immediate custody of a child, our office has extensive experience with child custody cases. Contact our office for a free consultation.

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Change Child’s Last Name on Birth Certificate

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Change Child’s Last Name on Birth Certificate

Read this Family Matter Law Gropus article and understand the process of changing a child’s last name on their birth certificate.

Florida Family Law · August 10, 2022

mother walks along beach with son and baby There are multiple reasons why a parent may want to obtain a new name for their child. No matter what reason a parent has for a child name change, there is a process you will need to go through to obtain a new name for your child. In this blog, we will cover how to change a child’s last name and how to change your last name in Florida if you are an adult as well.

How to Change a Child’s Last Name

Before you can begin the process of changing your child’s name, it is important to know that if your child was not born in Florida, you must first check with the Department of Health from the state they were born in to update their birth certificate. If your child was born in Florida, the first step you must take is to file a petition for a name change with the court for your child. You will also be fingerprinted so that a state and federal criminal background check can be run on you. This fingerprint card will then be attached to your petition for name change. Once this has been submitted, you will then be scheduled for a hearing. In some cases, both child’s parents consent to the name change and live in the country where the name change is occurring. If both parents are consenting to the name change, the process is straightforward. In other cases, only one parent may live in the country where the name change is being sought or only one parent is filing for the name change. If this is the case, the other parent must be notified of the name change and the parent filing the petition for name change must get the other parent’s consent. In case one parent is absent, you will still need to go through the process of publishing a notice in a local paper in the area of the last known resident of the absent parent. In the case one parent is contesting the name change, and both parents appear at the hearing, the judge will hear both parents’ arguments. If the judge grants the name change, you will want to get several certified copies of the order to make the name change official on various identification documents for the child.

Official Documents

Finally, you will want to update all official documents for the child with their new name. In order to update a child’s birth certificate in Florida with a new name, you first need to fill out an application for amendment to Florida birth record. Next, you will then need to fill out an Affidavit of Amendment of Certificate of Live Birth and get this signed and notarized. You should then mail all of the above documents and your certified copy of the official name change from the court to the Florida Department of Health.

How to Change Your Last Name in Florida

There are various reasons why adults would also want to get a name change such as going through a divorce, changing the name after marriage, or just generally disliking their name. Like the above process, if as an adult you are looking to change their name you will need to sign and complete a Florida Name Change Petition before a public notary and get your fingerprints taken as well. Once you have a hearing, a judge will ask you some simple questions and, if they grant the name change, they will sign the Florida Name Change Judgement. You then need to file this with the Clerk of Court’s Office and obtain certified copies of the judgement. Please note, even though the judgement gives you the right to change your name, you will then need to contact the Social Security Office and the Department of Motor Vehicles to change important documents like your social security card and driver’s license. In Florida, you can have your maiden’s name restored in a judgement of Dissolution of Marriage. If you are interested in changing your or your child’s name and want quality, legal advice you can trust, look no further than Family Matters Law Group. Our skilled attorneys at Family Matters Law Group take each case individually and provide our clients with the patience and understanding necessary to properly manage their individual needs and goals and provide tailored solutions to that individual family’s legal and emotional needs. Click here to get in touch today.

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Court Ordered Paternity Test Without a Lawyer

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Court Ordered Paternity Test Without a Lawyer

Read this Family Matter Law Gropus article and understand the process of paternity test and establishing paternity rights in Florida.

Florida Family Law · July 27, 2022

Father holding an asleep baby in his arms Establishing paternity is more than just taking a paternity test and it’s important for various reasons. However, complications can arise when the alleged father does not want to participate in the process of finding out if they are the father of the child or children. In this blog article, we’ll cover the process of establishing paternity for a child, paternity test, and the benefits of having a paternity lawyer on your side when going through this process.

Why is Establishing Paternity Rights Important?

Establishing paternity for a child is important for both the child and the parents. Below are some of the benefits of knowing the paternity of a child:
  • Having family medical information
  • Having the father’s name on the birth certificate
  • Having financial support from two parents
  • Having rights to the father’s Social Security and VA benefits
Often, establishing paternity allows each parent the legal right to seek a child support order from the court or to request a court order for parenting time with the child.

How to Establish Paternity in Florida

There are four main ways in which paternity is usually established in Florida: Acknowledgement of Paternity – If the child’s parents are unmarried when the child is born, the father can sign a “Paternity Acknowledgement” form in the hospital in the presence of a notary. Once the person signs this form, they become the child’s legal father. Please note that this form can be completed at any point until the child turns 18 if the parents remain unmarried. Presumption of Paternity – If a child is born to two parents married to each other, there is a presumption that the husband is the child’s father. If the mother fails to list the husband as the father on the child’s birth certificate, the issue of paternity must be addressed in court. Future Marriage – If the mother is unmarried at the time of birth but later marries the child’s father, the husband will still need to fill out a specific form to add their name to the child’s birth certificate. Both parents must submit the “Affirmation of Common Child(ren) Born in Florida” form. Court Order – If paternity is not established by any of the other ways mentioned in this list, a parent can file a civil action in circuit court to ask the court to determine the paternity of a child. If a court order is needed, a judge will hear both sides of the case and consider the evidence before issuing a court order to establish paternity. If an alleged father does not attend a paternity hearing they were notified of, the judge may “default” the alleged father and establish paternity in their absence. The court may also order a paternity test, or genetic testing, to obtain evidence of paternity. One or both parents may be ordered to pay for paternity testing and any additional court costs arising from the paternity hearing. Once paternity has been established, a father is obligated by Florida law to contribute financially to support his child. Fathers can also seek visitation and custody privileges.

Why Would You Need a Paternity Attorney?

While establishing paternity seems like it would be a reasonably straightforward process, there are many reasons to work with a paternity lawyer, such as:
  • Especially for unmarried fathers, establishing paternity can be a complex process. An experienced paternity lawyer can work with you to try and secure equal rights and responsibilities for your child as their mother.
  • Filing the appropriate paperwork can be tedious and time-consuming. A paternity lawyer can help streamline this process and make sure you have the proper paperwork and documents to support your case.
  • A paternity lawyer can also help if you suspect paternity fraud. While this is not very common, sometimes a mother will knowingly falsely document a man as the father of a child who is not the true biological father.
If you believe you are the father of a child, or you are a mother whose father is not acknowledging their child, you should work with an experienced paternity lawyer as soon as possible. At Family Matters Law Group, we take each case individually and provide tailored solutions to that individual family’s legal and emotional needs. Contact us today to discuss your particular situation and your family’s goals.

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