Paternity Law - Unmarried Fathers Have no Rights in Florida!
A Parenting Plan is required in every family court case involving children. The Parenting Plan is either an agreement entered into by the parents or ordered by the Court at the end of a hearing. Parties can have a temporary parenting plan put in place while the case is in litigation or a final parenting plan by which they are bound once it is raitified, or made into a court order. What goes into a Parenting Plan is important to know and understand.
Our firm handles many step-parent adoptions each year. There are a surprising number of circumstances which make a Step-Parent Adoption the right decision for your family. Most of the time a step parent adoption occurs between the Step-Father of the child and the child, but not always, we do handle step-mother adoptions too. When a step-parent has played a significant role in a child's life and the other parent has had limited or no involvement then a step-parent adoption may be the right choice for you. Depending upon the legal relationship the other parent has with the child, they may need to be significantly involved in the process or not involved at all. Having the other parent's consent is helpful and will certainly make for an easier, quicker and cheaper process. One reason a parent my chose to consent to the Adoption is child support, if their involvement with the child is limited already allowing a step-parent to adopt the child will terminate their child support obligation. There are other reasons as well, mostly centered around the well-being of the child. While consent makes things easier, it is not required in many circumstances. If the other parent has been largely absent from the child's life then it is possible to terminate their rights and have a step parent adopt through a Court Order without the parent's consent. Consulting with an experienced attorney is critical in evaluating your adoption options. We are happy chat for free on a free phone consultation.
If you lose your job in Florida and there is a child support order in place ordering you to pay child support, you MUST file for a modification of child support. If you do not file for a modification you will likely be held in contempt of Court for failure to pay and you will still owe the FULL amount due even if you were unemployed or earning less during that time. Child support is largely based on the income of the 2 parents, see our previous article for more information. So, by way of example, let's say you, as the Father are paying $800 / month in child support and that figure was Ordered by a Court at a time that you were earning $4000 / month. In November you lose your job - involuntarily, for now fault of your own.
We discussed in other blog articles how child-support is calculated in Florida. Basically, Child Support is an algebra formula that takes into consideration both parents and, childcare costs, healthcare costs, and the number of overnights that each parent legally has pursuant to a court order. One of the elements that gets litigated, or comes into question when we are trying to figure out child-support is what exactly each person's income is. When people own their own business, work multiple jobs, or have sources of income that are not standard W-2 employee salaries or hourly wages, figuring out what someone's income is to get challenging. One of the places that gets confusing is one of the parents is receiving SSI or SSDI.
How to get full Custody of their children is a topic of conversation I have multiple times each week with unmarried moms who want to know their rights. This article is intended to educate these moms. Before I get started, please note that the world of family law is VERY fact specific. It is important that you contact a lawyer for advice. If you are in Broward County, or Miami Dade County, we would be happy to provide you a free consultation on these issues.
The law in Florida has, until recently, been that incarnation is deemed voluntary on the part of the incarnated parent and therefore not a basis for modification of child support. However, the Obama administration may change that as soon as 2017 by reclassify incarceration as "involuntary". This may give incarcerated parents new options in terms of protecting themselves from exiting jail with extremely high child support arrears, which theoretically could end them back in jail and at best leaves these parents with insurmountable debt that they likely can never pay off. It also can leave these parents with a suspended driver's license and a revoked passport.
This list is continued from the last post, Florida Divorce Top 10 Vocabulary Words Part 1
In the midst of a divorce there are many words you have not heard before, have heard and not given much thought to or believe you know their definition but in reality do not. Here is a list of our top 10 vocabulary words for Florida Divorces.