Florida Statute 744.301(1) holds that the mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child unless the court enters an order stating otherwise.
This means, to put it bluntly, when a child is born to a single mother out of wedlock, it’s Mom’s way or the Lee Roy Selmon Expressway.
Mom has the sole decision-making authority to determine daycare, choose where the child lives, and decide who can even see the child.
However, when a child is born out of wedlock, either the Mother or any man who has reason to believe that he is the father of the child may file a Petition to Establish Paternity.
The Petition to Establish Paternity is a lawsuit to determine whether a designated individual is the father of the child.
Either the alleged father or the mother may file a petition so long as:
(1) there has never been a court order already addressing paternity, parental responsibility, parenting plan/timesharing, custody, visitation, or child support for the child;
(2) the parents are not married to each other; and
(3) the child has resided in Florida for at least the last six (6) months or since birth.
Additionally, as this conversation has come up from time to time, Florida law has adopted a presumption of legitimacy surrounding married couples and their children.
In layman’s terms, this means any time a child is born during a marriage the Husband is presumed to be the father – even if he isn’t. Thus, even if you are the biological father of a child, if that child was conceived during the Mother’s marriage to someone else that someone else is presumed by Florida law to be dad.
Given the sensitive nature of this situation, these cases tend to require a bit of delicacy on both a human and legal level.
Last, there have been many changes in recent years to both the governing statute and case law concerning what a parent’s name on a birth certificate means to the admissibility of out of court acknowledgements of paternity.
Should you find yourself enmeshed in any of these issues, speaking with a knowledgeable Florida family law attorney can help clarify your options and best path forward.
Florida Statute 61.29(1)(a) holds that “[e]ach parent has a fundamental obligation to support his or her minor child or legally dependent child.” Further, Florida Statute 61.30(1)(a) establishes that when determining an actual amount of child support due by a parent the court will presumptively employ what is called the Florida Child Support Guidelines (FCSG).
The FCSG calculates the amount of child support based on two factors: (1) each parent’s net monthly income and (2) the percentage of overnights each parent has with the child(ren). Once those two factors are determined, the court simply applies the two factors to the Florida standard needs table and out comes the amount of child support due.
It’s that easy, really? No, not really. While in a perfect world it would be that easy, in the real world it’s not.
Determining an individual’s net monthly income for child support purposes can be tricky – very tricky.
This is especially true when a person: (1) is unemployed; (2) is voluntarily underemployed; (3) works a largely cash job; (4) is paid under the table; (5) has multiple jobs; (6) has unstable, irregular, or seasonal income; (7) receives disability/workers compensation; and/or (8) has passive income. Other factors that affect a party’s net income include income deductions such as: (1) federal, state, and local taxes; (2) union dues; (3) mandatory retirement payments; (4) health insurance payments; (5) court ordered child support to other children; (6) previously ordered spousal support (alimony); and/or (7) childcare costs.
Alternatively, if the parents’ combined net monthly income is over $10,000.00 different calculation rules apply. Thus, even though Florida law appears to be very mechanical when determining child support, in actuality, there are a variety of factors and methods that impact the final number.
Last, it shouldn’t be overlooked that in certain instances, the court can even deviate from the FCSG entirely. Because of this, it is always wise to consult an experienced Florida family law lawyer when dealing with the issue of child support.
Any time you are seeking to modify timesharing or parental responsibility from a prior Final Judgment, Florida Statute 61.13(3) requires that the court must find a substantial and material change in circumstances has occurred.
This poses the obvious question: what qualifies as a substantial and material change in circumstances? The answer, unfortunately, is that it’s complicated.
There are plenty of examples in Florida case law where the courts have said what is not a material and substantial change in circumstances, but not as much guidance of what does count. For this reason, if you are seeking a modification, I highly recommend you find a Florida family law attorney you trust to discuss your options. Supplemental Petitions can be very fact specific and a thorough understanding of your options can empower you to make the best decisions possible.
Whether you are on a Ramen Noodle budget or a Martha’s Vineyard budget, we can all agree lawyers are expensive. In fact, the only people who probably don’t feel that way are lawyers who own homes on Martha’s Vineyard.
That said, I strive to create value for my clients. Specifically, everything I try to do is with the thought of using the resources I am given to solve problems without my clients incurring any more expenses than are necessary. If you happen to retain me, don’t be surprised if in one of our conversations I say, “Let’s not turn a $50 issue into a $5,000 problem.”
As crazy as it sounds, sometimes it’s easier to speak with someone outside the hours of 9:00 a.m. to 5:00 p.m. I understand that and am available for consultations and appointments in the evenings and on weekends. I try to be available to my clients 24/7 and respond promptly to all phone calls and emails.
Frankly, I like talking shop. No matter who I talk to (other lawyers, judges, expert witnesses, or prospective clients) I always feel like I learn or discover something new. If you have a family law or other legal issue you wish to discuss, please contact my office and we can set up time to speak.
Partner with a dedicated family law attorney to navigate the paternity process and protect your parental rights.
