What are the Rights of Unmarried Fathers?

Home / Blog
Florida Family Law

What are the Rights of Unmarried Fathers?

Find out about the rights of unmarried fathers. Having your name on your child’s birth certificate in Florida does not give you any time sharing or decision

Florida Family Law · April 30, 2021

Unmarried Dads - Family Matters Law Group

Top 10 for Unmarried Dads in Florida

  1. Having your name on your child’s birth certificate in Florida does NOT give you any time sharing or decision-making rights to your child.
  2. You can be ordered to pay child support in Florida and still have NO rights to make decisions for your child or spend time with your child.
  3. When you file an action for Paternity to get a parenting plan in place and establish your rights, there is a very good chance you will get significant timesharing and decision-making rights.
  4. The only way that you will get credit for the time you spend with your child against your child support obligation (meaning to lower your payments) is to have a Court Order for timesharing.
  5. A mom can get child support backwards for 24 months before filing a Petition requesting support – this is called retroactive child support.
  6. You can get credit towards the retroactive child support for necessities you bought for the child and payments made to the other parent, but you must prove you made the payments.
  7. Always, always give the other parent money through a verifiable source like CashApp, Venmo, Zelle.
  8. Do not waste time filing to establish your rights to timesharing. If the mom has denied you access to the child, it is your responsibility to bring this to the Court attention. You must initiate the action to establish your rights.
  9. Until you have gone to Court, the Mother is free to parent as she likes, including relocating.
  10. You should never add your name to the birth certificate of a child you are not 100% positive is your – or you may end up paying or this child regardless of biology.
Find out more information in our YouTube Video

Talk it through before you sign anything

Your intake goes straight to our team — start with a free consult or move straight ahead.

Adoptions – Temporary Custody for Kids

Home / Blog
Florida Family Law

Adoptions – Temporary Custody for Kids

Know all about adoptions, temporary custody for children. When someone other than a parent wants or needs to take care of a child there are several options.

Florida Family Law · April 29, 2021

Temporary Custody - Family Matters Law Group

Adoptions, Temporary Custody and Power of Attorney of Children

When someone other than a parent wants or needs to take care of a child there are several options that are available. The right option depends greatly on the individual facts of that case and has to be evaluated case by case. There are three options that are generally available through the family courts and 1 option that is available through the probate court. In family court, each level is more comprehensive than the one before. The options are:

Power of Attorney:

1) Power of Attorney: These are great choice if a person needs to have limited rights to make decisions for a child for a limited period of time. An example would be if the parent(s) are traveling outside of the US for a couple of months and friend or family member needs the ability to make basic decisions while the parents are away. These can provide access to medical records, authority to consent to medical treatment, authority to represent for school related issues. These can last for a set period of time or indefinitely BUT they can be revoked by a parent at ANY time.

Temporary Custody:

2) Temporary Custody under Statute 751: This option is only available for relatives of the child. It is a great option for a more long-term arrangement and provides comprehensive rights to relative equal largely to the rights of a parent in terms of decision making. These last indefinitely and require a Court order for them to be terminated. Having said that, if everyone agrees to terminate the custody arrangement, a Court Order can be obtained easily. If the parents do not consent to the temporary custody arrangement, it is still possible to obtain temporary custody, but you must allege and prove that the parent(s) have abused, abandoned, or neglected the child(ren).

Adoption:

3) Adoption: This is the most extreme option available. Adoption is a one-way street that you cannot “undo” in the future. If a step-parent or relative is seeking to adopt and the parents consent, then they can be accomplished relatively easily and with reasonable costs. If the parent(s) do not agree or the person adopting is not related to the child, things become more complicated and costs rise.
Our office handles all of these matters and provides a free consultation to people exploring their options. Click here to watch our attorney Leisa M. Wintz, MS., Esq. discuss these issues.

Talk it through before you sign anything

Your intake goes straight to our team — start with a free consult or move straight ahead.

Domestic Violence in Florida

Home / Blog
Florida Family Law

Domestic Violence in Florida

Know all about Domestic Violence in Florida. Domestic violence is violence or other abuse in a domestic setting. They are civil orders. Visit our site!

Florida Family Law · April 29, 2021

Domestic Violence - Family Matters

Domestic violence injunctions in Florida:

  1. Domestic Violence Injunctions are the same thing as a Restraining Order. They tell one person to stay away from another person.
    2. They are CIVIL Orders; they are not criminal Orders.

Domestic Violence:

  1. However, if you violate an Order of Protection against Domestic Violence, it can be a criminal offense. In this way, things that were not previously criminal become criminal when there is an Injunction against you.
    4. A temporary Injunction can be granted and entered without a hearing and has all of the same effects as a final injunction for protection.
    5. Injunctions for protection only bar the RESPONDENT from contacting the Petition – they do not bar the Petition from contacting the Respondent.
    6. You can file a Motion to have these orders vacated if you believe that enough time has passed, or the situation has changed, and you no longer need this order.
    7. You are able to list specific location that the other person must stay away from, such as your school, home or church.

Domestic Violence Injunction:

  1. In order to get a domestic violence injunction, you must be related to the other party by blood, marriage have children together or live together as a family.
    9. If you go to the hearing for injunction without an attorney, you will be responsible to know the rules of evidence and held to the same standard as an attorney in complying with all the Court rules.
    10. Affidavits or sworn statements from 3rd parties are not admissible if the person is not in attendance at the hearing.

Talk it through before you sign anything

Your intake goes straight to our team — start with a free consult or move straight ahead.

Divorce Tips for Women

Home / Blog
Florida Family Law

Divorce Tips for Women

Learn the top 10 tips for women to get a divorce in Florida. Women can be obligated to pay alimony. Alimony is based on need and ability to pay. Know More!

Florida Family Law · April 26, 2021

Woman - Tips for Divorce - Family Matter Law Group

Top 10 tips for women divorcing in Florida.  

  1. Women can be obligated to pay alimony. Alimony in Florida is based on need and ability to pay. If you are the higher earning spouse, regardless of your gender, you may be obligated to pay alimony. 
  2. The same is true for attorney’s fees. Either party may be responsible for the other’s attorney’s fees if there is significant income difference between the two of you and one person has a need and the other an ability to pay.  
  3. Either party can also be made to pay the other’s fees if he/she did not behave properly in the in divorce proceedings and created excessive fees by their bad behavior.  
  4. You might be entitled to alimony even in a very short-term marriage to help you transition from being married and living together to being single.  
  5. In Florida, all assets and debts which were acquired or incurred during the time you are married are considered marital and will be split equally between the parties in almost all situations. It does not matter who’s name the asset is titled in or whose name the debt was incurred in.  
  6. Moms and dads are given equal opportunity to parent their children, regardless of the child’s age. There is no “tender years” idea, like in some states, that would give mothers preference for custody of small children. 
  7. Child support is based on a formula and it WILL NOT be enough to support you and your children alone. Many of our clients are shocked at the amount of child support they are entitled to, and not in a good way. Unless there is a very large difference in the income between you and the other parent and the other parent earns a very large amount of money, child support is not going to be sufficient to pay your bills.  
  8. You may be entitled to some of the equity in your partners pre-marital home, even if your partner owned the home before you got married, if you lived in that home during the marriage and or your partner used marital funds to pay for upkeep and or mortgage on the home.  
  9. Your student loans may be considered marital debt if you incurred them while you were married. If they are marital, then your spouse may be responsible for ½ of the student loan debt. 
  10. Even though credit card debt in your name may be marital and therefore your spouse may be liable for ½ of the debt, the credit card company can only come after you for non-payment. So, if these do not get paid by the other party after the divorce, you will be the person whose credit suffers and who will be sued by the credit card company. It is important to consider this when working out the details of splitting debt in a divorce.  
Our name isn’t Family Matters Law Group for nothing – we truly believe in providing you with the best legal counsel to bring your family ​PEACE​: ​P​arenting Issues, ​E​quitable distribution of assets and debts, ​A​limony, ​C​hild support, and everything else your family needs legally. If you are going trough a divorce case or thinking about filing for divorce contact us today to schedule your consultation. Our experienced attorneys are ready to help!

Talk it through before you sign anything

Your intake goes straight to our team — start with a free consult or move straight ahead.

Child Custody Divorce Laws in Florida

Home / Blog
Florida Family Law

Child Custody Divorce Laws in Florida

Learn about child custody divorce laws in Florida. The responsibility for the minor child(ren) will be shared by both parents. Visit our site to know more!

Florida Family Law · April 5, 2021

How Kids Affect Divorce - Family Matters Law Group

How Do Kids Affect Filing for Divorce?

Are you considering getting a divorce? Understandably, this can be an overwhelming time in your life. Even if you already know the basic steps of petitioning and filing for divorce in Florida, things may be more complicated for you and your spouse if you have children. Even though Florida is a ‘No Fault’ divorce state, meaning you do not have to prove that your partner engaged in any inappropriate behavior to start the divorce process; you still could have lots of questions about how you and your spouse will handle parental rights of your children. Keep reading to learn more about how having a child can affect your divorce in Florida.

Child Custody Divorce Laws in Florida

Unlike some other states in the U.S., the public policy of Florida is to promote the ability of each minor child to frequent and continual contact with both parents after the parents have separated or divorced. Florida also encourages parents to share the responsibilities and rights of child rearing. No matter what age, sex, or any other distinguishing factors, both parents are given the same consideration in determining time sharing of the child(ren). After most divorces in Florida with kids, parental responsibility for the minor child(ren) will be shared by both parents so that each parent retains full right and responsibilities. Sometimes separating couples will agree (or the court will order) that one parent has the final say when it comes to specific aspects of the child(ren)’s care such as: education, medical and dental needs, religion, or removal from the area. Very rarely, the court can order total parental control and responsibility to one parent. In order for this to happen, the court must determine that shared parental responsibility would be detrimental to the health and wellbeing of the child(ren). The final determination of the court is always based upon what the court believes will be in the best interest of the child(ren).

Child Support Laws in Florida

Child support after filing for divorce in Florida is based on many different factors. However, you and your spouse have a responsibility to support your child(ren) until they are 18 years of age, marry, or become financially independent. Child support can be made through direct payments or through indirect benefits such as mortgage payments, medical or dental expenses, or insurance. Some of the other issues concerning child support that will be considered during the process of your divorce will be: the amount of support required, when child support may be increased or decreased, the method of payment, how to ensure that payments are being made, and who claims the dependency deduction for tax purposes. Family Matters Law Group was founded with the specific goal of providing solid legal guidance and support to families experiencing issues. No divorce is ever completely frictionless, no matter how amicable the breakup. Divorce is even more complicated when children are included. The skilled attorneys at Family Matters Law Group take each case individually and provide their clients with the patience and understanding necessary to properly handle their individual needs and goals. Contact us today to discuss your divorce and how Family Matters Law Group can achieve the best possible result for you and your family.

Talk it through before you sign anything

Your intake goes straight to our team — start with a free consult or move straight ahead.

Child Support After Divorce in Florida

Home / Blog
Florida Family Law

Child Support After Divorce in Florida

Learn about the basics involved with child support after you get a divorce involving children in Florida. Visit our site to know more!

Florida Family Law · April 5, 2021

Child Support - Family Matters Law Group

How Does Child Support Work After Divorce in Florida?

Child support is the responsibility of every parent regardless of whether or not the parents are married, divorced or single. If you and your partner are starting down the process of divorce in Florida and you have a child (or children) together, you may be wondering how does child support work? Or how much child support can you expect from you partner after you separate? Keep scrolling to learn a bit more about the basics of child support and how it may apply to you and your family.

Child Support in Florida

Essentially, child support is intended to ensure that a child continues to be provided with an acceptable standard of living even after their parents get a divorce. All child support payments are meant to benefit the child. Sometimes, some benefits may incidentally accrue to the non-paying parent. Things like food and clothing, eating out, educational expenses, medical expenses, or hobbies and entertainment like summer camp or swimming lessons.

How Is Child Support Determined in Florida?

The amount of child support a parent will be required to pay will be based on the Florida Support Guidelines. The final amount will depend largely on the parents’ net income and the number of children involved. The number of overnight stays each parent has with the kids will also affect the amount of child support required. In most cases, child support will be paid unless both parents earn the same income and have equal custody.

Back Owed Child Support in Florida

Under Florida law, a parent has the right to seek back owed child support. Usually, retroactive child support will date back to when the parents stopped residing together in the same house. Whatever the case may be, the period of retroactive child support in Florida can’t exceed twenty-four months. In 1998, Florida enacted a statute on retroactive child support. So, if a child was born before 1998, the amount of back owed child support could be sought back to the date the child was born. Also, a parent may be able to sue for back owed child support even after the child turns eighteen.

Modifying Child Support Payments

Of course, if a substantial change in circumstances happens for a parent, the child support payment may be modified. However, a judge will only be interested with changes that happened after the initial case. Issues that came up prior to the initial case won’t usually be considered for modifications. For example, if a parent gets a raise or loses their job, child support may be modified. In general, a 10% change in income must occur to qualify as a ‘substantial change’. Be aware though that even if your income has decreased, you may not automatically qualify for a decrease in child support payments. Especially if the other parent has also experienced a loss in income, and that decrease is more significant than the decrease you experience. The knowledgeable and compassionate attorneys at Family Matters Law Group have years of experience championing for the best possible outcome for their clients’ entire family unit. We understand how important these matters are and how difficult a time this can be for you and your family. If you think you need help with your divorce, or want to know more about modifying your current child support, contact them today to discuss the best way to move forward.

Talk it through before you sign anything

Your intake goes straight to our team — start with a free consult or move straight ahead.

Disestablishment of Paternity in Florida

Home / Blog
Florida Family Law

Disestablishment of Paternity in Florida

To disestablish paternity in Florida, you must file a Petition to Disestablish Paternity with the court. Visit our site to know more!

Florida Family Law · April 5, 2021

Disestablishment - - Family Matters Law Group

My Husband is not the Father of my child, what do I need to know?

When you are married to someone who is not the father of your child at the time of conception or the birth of that child, your husband is automatically, under Florida law the legal father of the child.  This is true regardless of whether or not you have added your husband or another person to the birth certificate of the child. In order for the husband to NOT be the legal father a Petition for Disestablishment of Paternity must be filed.  For a very long time the law was clear that the person who could file this Petition was the Husband and the Husband alone. He had to WANT to disestablish paternity in order for the case to move forward. The law on this has been challenged in recent years and there is now legal precedent for the biological Father to petition the Court to disestablish he Husband’s rights and to establish himself as the legal Father instead. Having said that, this is new law and there are requirements to be met regarding the biological father’s involvement with the child and the Husband’s relationship to the child. Usually, the Husband does not wish to continue having legal rights, and the accompanying obligations to the child that he did not biologically create. If the Husband does want these rights and obligations, the situation becomes much more complex. The situation can also be complicated if the Husband wishes to disestablish his rights.

Talk it through before you sign anything

Your intake goes straight to our team — start with a free consult or move straight ahead.

Stopping Child Support: How it Works?

Home / Blog
Florida Family Law

Stopping Child Support: How it Works?

Learn more about how to stop child support. In Florida child support is mandatory for all parents who do not live together. Visit our site to know more!

Florida Family Law · April 5, 2021

Stopping Child Support - Family Matters Law Group

Stopping Child Support in Florida

In Florida child support is required for all parents who do not live together. Child support is the right of the child and because of this, parents are not able to waive child support. Because of this, once a divorce, child support or paternity (custody) case is filed, child support cannot be waived. Child support is calculated by using a formula that takes into consideration: each parents income, child care costs, health care costs (parents and children), prior child support orders for other children and the number of court ordered overnights each parent has. Once a party requests child support, the Order can go backwards for a period of up to 24 months. This is called retroactive child support. To calculate this, amount the per obligated to pay will be given an opportunity to provide proof of any payments made during this time. These payments can be directly to the other parent OR proof of purchase of necessities during this time. The other parent can agree to these credits or contest them. If contested, the Judge will determine if the credits will be given. Once an established amount of retroactive support is determined, that amount usually gets paid back at an amount of 20% of the new monthly child support payment each month. Many times, child support is initiated by a parent contacting the Department of Revenue and having them initiate the case. In fact, if a parent attempts to get food stamps, cash assistance or other types of state financial assistance, DOR will require the parent receiving such assistance to file to receive child support. These cases are often done through administrative proceedings and not in the regular circuit court – however, either way, they are legitimate and enforceable Court Orders.

Can I be taken from child support?

Many times, we are asked, can I be taken from child support? The answer to this question is that only a NEW Order can terminate an old Order. So the other parent cannot just simply tell you that he/she no longer wants child support. The State will continue to hold you accountable for child support either way. In fact, often people who believe the other parent when told that child support is no longer wanted, will end up with a very large bill to pay later on, their license suspended, their passport suspend or a warrant for arrest being issued. Once a Court case has been filed, the only way to have NO CHILD SUPPORT is for each parent to make approximately the same amount of money, have a parenting plan giving each parent 50% of the overnight timesharing and to share equally in all of the child care, health care and other child related expenses. To know more about Child Support, you can visit our YouTube Channel.

Talk it through before you sign anything

Your intake goes straight to our team — start with a free consult or move straight ahead.

Father´s Rights – Paternity

Home / Blog
Florida Family Law

Father´s Rights – Paternity

Learn more about Father´s Rights. When a child is born to a woman who is married, the spouse, has rights to the child. Visit our site to know more!

Florida Family Law · February 12, 2021

Dad’s name is not on the birth certificate, does he have rights? 

When a child is born to a woman who is married, the spouse, automatically has rights to the child. This is true regardless of what is on the birth certificate. If the spouse is not the biological Father, this becomes more complicated. – See our other post about Paternity-.  However, when a mother is NOT married at the time a child is born, the Father does not automatically have rights to the child – regardless of whether or not his name is on the birth certificate. If the Father’s name IS on the birth certificate, he may have limited rights before going to Court. These “rights” include the right to be noticed, or made aware, of legal proceedings involving the child; such as a name change or adoption. The Father DOES NOT have timesharing or decision- making rights for the child. For videos on unmarried Father’s and Mother’s rights, visit our Youtube channel.  Petition for Paternity In order for a Father to establish rights when the mother was not married at the time of the child’s birth, he must file a Petition for Paternity. This is a confusing name because it leads you to think about DNA testing, but a Petition for Paternity is not about DNA testing (although that may be a part of the process). A Petition for Paternity could be called a Petition for Custody, but Florida does not use the term custody. This is the Petition that must be filed in order for the Father to gain decision making or timesharing rights.   Once the Petition is filed, the case proceeds much like a divorce but without the division of assets and debts. Each party must produce financial information to the other; which is later used to determine child support. Almost all cases must then go to mediation to see if an agreement can be reached. If no agreement can be reached then the matter is brought before the Judge to have a parenting plan entered by the Court. The parenting plan outlines the timesharing and decision-making rights for the child. This will include everything from a regular schedule, to holidays, to where the child will attend school.   All of these issues will be resolved by determining what is in the best interest of the child. In many cases, especially when the child is young, the Father has been substantially involved and there are no other major issues, such as drug use or domestic violence, the Court will attempt to give the parents equal, or nearly equal timesharing rights. Equal timesharing is not guaranteed and sometimes there may be a transition period for the child. In some cases, it is in the best interest of the child for one parent to have the majority of the time, or the mass majority. In even more rare cases, the other parent may not get any timesharing rights.  

Court

Almost always the Court will give the parent equal decision-making rights.  For one parent to get sole decision making, that parent must prove it would be detrimental to the child for te other parent to be involved in decision-making. In some instances, one parent may get to make the decision over a limited number of issues, such as medical care or educational decisions. There are situations where one parents decision making is so flawed that they cannot be trusted by the Court to make decisions for the child. Proving this is very difficult and almost always must be done with the assistance of an experienced attorney. It is easier to get the timesharing to be less than equal than it is to get a parent to be left without decision-making rights.  

Talk it through before you sign anything

Your intake goes straight to our team — start with a free consult or move straight ahead.

How to Modify a Parenting Plan?

Home / Blog
Florida Family Law

How to Modify a Parenting Plan?

Learn more about Modifying a Parenting Plan. Parenting plans outline where the child will spend time and who will make the decisions for the child. Know more!

Florida Family Law · February 12, 2021

Parenting Plan - Family Matters Law Group

Can I change my custody agreement in Florida? 

In Florida custody agreements, or Orders, are called parenting plans. Parenting plans outline where the child will spend time and who will make the decisions for the child. These two concepts, timesharing and decision making, make up the Florida version of custody (even though we do not use that word). Parenting plans can be established by a written agreement, which is then ratified by a Court Order, or can be entered by the Judge without the agreement of the parties. Either way, the outcome is the same, a Parenting Plan which is ratified by the Court and becomes a Court Order.  Once there is a Court Order, the only way to change that Order is with a new Order. Then can be done by submitting a new agreement signed by the Parties to the Court for the Court to ratify, or by filing a Petition for Modification of Parenting Plan and going in front of a Judge for the Judge to enter an new Court Order.  

Modifying a Parenting Plan

In Order for the Court to change the parenting plan, without an agreement between the parties, you must first prove to the Court that there has been a material, unanticipated, permanent and material change in circumstances since the entry of the prior parenting plan. So, you must first have a very good reason to modify the parenting plan. Once you have shown the Court that this exists, the Court will then, and only then, be able to decide what new agreement or new terms would be in the child’s best interest.   Deciding what is in the child’s best interest takes into consideration many factors. Factors such as which parent is most willing to facilitate a relationship with the other parent, which parent is the most involved with the child’s school or medical care, what the parents work hours are, domestic violence, both parent’s living situations, etc. There is a presumption in Florida that parents will both have significant access to the child and will parent nearly equal amounts of time, if not equal. However, once a parenting plan is in place, this is no longer the case. Meaning, you do not exactly start fresh once you have proved that there has been a change in the circumstances.   Modifying a parenting plan is not easy and should not be done without the assistance of an attorney as there are many legal, not factual, issues that MUST be addressed in order to be successful. We often turn clients away for modification if we do not believe they have a strong case as we do not want for a parent to waste their money on a case that is not likely to succeed.   

Talk it through before you sign anything

Your intake goes straight to our team — start with a free consult or move straight ahead.