MIAMI PATERNITY LAWYER
As paternity and child support lawyers we regularly help clients navigate paternity cases. Paternity cases involving parental responsibility, time-sharing, and child support can be highly emotional and traumatic. You need a lawyer on your side that understand that to help you through the process. Parents often do not know their rights or responsibilities.
We can understand and analyze your unique circumstances to help you make decisions in the best interests of your family. We work hard to achieve your goals.
WHAT IS A PATERNITY CASE?
A paternity action is a legal proceeding to establish the paternity of a child. Sometimes the parties agree as to the paternity of the child. Sometimes it is disputed and a DNA test is used to determine paternity.
Once paternity has been established a father of a child born outside of a valid marriage can have his rights to time-sharing and parental responsibility determined. A father can seek to establish a parenting plan including time-sharing (custody/visitation) and parental responsibility (decision making).
Call us for a consultation with one of our lawyers concerning your rights as a parent or your paternity case on (786) 539-4935.
PARENTING PLANS (CUSTODY/VISITATION/PARENTAL RESPONSIBILITY)
Public policy in Florida favors that both parents share responsibility for all major decisions concerning a child.
In determining time-sharing (custody/visitation) and parental responsibility each parent is given equal consideration. There is a rebuttable presumption in favor of the parents having equal timesharing.
Usually the court awards shared parental responsibility. Shared parental responsibility requires that parents discuss major decisions affecting their child and attempt to agree. The parents are expected to agree or have the court decide an issue if they do not agree.
Where warranted by specific facts, a court can order ultimate decision making authority or sole parental responsibility be given to one of the parents. This could apply to all issues or a single issue like medical decisions. To award sole parental responsibility the court must make a determination that shared parental responsibility would cause harm to the child.
A parenting plan establishes whether the parents have shared parental responsibility, or if one parent has more decision making responsibility than the other. It also specifies the time-sharing schedule with a child. Florida has a rebuttable presumption that both parents should be entitled to equal time-sharing with a child. Where the facts support it and presented to the court the rebuttable presumption can be overcome.
Usually a parenting plan also specifies how and when each parent is meant to be able to communicate with the child during the other parent’s time-sharing.
A court is meant to apply the “Best Interests of the Child” standard when considering a parenting plan, time-sharing, custody, and parental responsibility.
Call us to schedule a consultation with a paternity lawyer concerning the issues in your case on (786) 539-4935.
MIAMI CHILD SUPPORT LAWYER
Parents have a legal responsibility to provide child support. Usually this legal obligation continues until a child reaches 18, is emancipated, joins the armed forces, or dies.
Child support is based upon the needs of the child, the income of the parents, and the number of overnights each parent has. Statutory guidelines are used to calculate child support. Insurance and daycare expenses are accounted for in the calculation.
In a divorce or paternity case the court can impute income if it determines that a parent is voluntarily unemployed or underemployed. First, the court decides if the unemployment or underemployment that resulted in the termination or decrease in income is or was voluntary. Then the court decides if continuing unemployment or underemployment is because of a lack of best efforts to obtain new employment.
The court can impute income based upon a parent’s potential and probable earnings evidenced by their recent work history, qualifications, availability of positions the parent is qualified to take, or even the parent’s living expenses and present lifestyle.
A parent seeking to impute income must present competent and substantial evidence that the other parent can earn the amount sought to be imputed. The court must then make specific findings based upon the evidence of the source and amount of that available income.
Once a judgment has been entered there needs to be a substantial change in circumstances for the modification of child support. A change in child support could be based upon a change of income, expenses, or court ordered time-sharing.
It is not legally permissible to withhold time-sharing because the other parent does not pay child support or pays it late.
If you need to talk to a child support layer about the establishment, modification, or enforcement of child support contact our offices to schedule a consultation on (786) 539-4935.
MIAMI RELOCATION LAWYER
A parent wishing to relocate more than 50 miles needs to comply with Florida Statute 61.13001. To comply with the statute a party needs a written agreement or an order of the court allowing for the relocation.
Failure to comply with the strict requirements of the statute by the party seeking relocation can lead to adverse orders and the denial of the relocation.
Failure to timely object to a petition and comply with the statute by a parent who does not wish the relocation to take place can also result in adverse orders and an order allowing for the relocation.
Navigating the relocation statutes requirements and presenting the correct evidence to the court in a contested relocation case is a complicated process. Relocation should be done with the assistance of an attorney who has handled such cases in the past. Call us for a consultation with one of our attorneys concerning relocation on (786) 539-4935.
APPEALS
If you feel a judge’s decision was incorrect it may be possible for you to appeal that decision.
A judge in a family case has broad discretion. However, it is required that the judge’s rulings comply with the law and are supported by admissible testimony and evidence presented to the court.
Where a judge’s ruling does not comply with the law or is not supported by admissible testimony and evidence an appellate court may reverse the trial court’s decision.
You need to determine whether to take an appeal of a final judgment within 30 days of the filing of the final judgment.
Call us to schedule a consultation with one of our lawyers regarding an appeal on (786) 539-4935.