October 3, 2022
In Florida, unwed mothers and fathers have certain rights when it comes to their children. If you are an unwed parent in Florida, it is important to know what your rights are so that you can make informed decisions about your child’s future.
Why Does the Mother Get Sole Custody?
Under Florida law, the mother of a child is automatically given sole legal and physical custody of the child if the child is born out of wedlock. The father has no legal rights to the child unless he establishes paternity.
Some people believe that unmarried parents’ custody laws are unjust because the mother automatically receives sole custody after the child is born. In these situations, the father has no legal right to visit the kid, which many fathers find unfair. However, the same legislation prohibits unmarried women from requesting child support from fathers without a paternity test. As a result, if a father wants visitation rights, joint custody, or any influence over the child’s upbringing, he must take a paternity test to address the problem and move on with custody arrangements.
Unwed Parent Rights in Florida
Here are some facts that you need to know about your rights as an unwed parent in Florida:
1. You Have the Right to Establish Paternity for Your Child
If you are an unwed father, you have the right to establish paternity for your child. This can be done through a voluntary acknowledgment of paternity or through a court order. Once paternity is established, you will have the legal right to seek child support, visitation, and custody of your child.
2. You Have the Responsibility to Support Your Child
As an unwed parent in Florida, you have the legal responsibility to support your child financially. This includes providing for your child’s basic needs, such as food, shelter, clothing, and healthcare. If you are unable to support your child, you may be required to pay child support to the other parent or the state.
3. You Have the Right to Visitation with Your Child
If you are an unwed parent in Florida, you have the legal right to visitation with your child. This means that you can spend time with your child regularly and have a relationship with them. However, you do not have the right to custody of your child unless you establish paternity or obtain a court order.
4. You Have the Right to Object to the Adoption of Your Child
If you are an unwed father, you have the right to object to the adoption of your child. You can object to the adoption in writing or in court. You can also object to the adoption if you can prove that you are the child’s father and that you have been paying child support.
5. You Have the Right to Receive Child Support from the Other Parent
If you are an unwed mother, you have the right to receive child support from the other parent. You can get child support from the other parent by going to court or by asking the other parent to sign a voluntary child support agreement.
Conclusion
It is important to know your rights as an unwed parent in Florida. If you are not married to the child’s other parent, you may not have the same legal rights as a married parent would have. However, you can take steps to protect your rights and ensure that you are able to play an active role in your child’s life.
If you want to ensure you’re not missing out on your rights as an unwed parent, seek help from our top Jacksonville attorneys at Dorsey Law JAX’s pool of reliable lawyers. Call us now at (904) 394-2865.
September 23, 2022
Equitable division does not necessarily mean that each spouse will receive an equal share of the assets. Instead, the court will consider a number of factors when dividing marital property, including each spouse’s contributions to the marriage, the length of the marriage, and the financial circumstances of each spouse.
If you are going through a divorce and are concerned about how your marital property will be divided, you should speak to an experienced Florida divorce attorney. Your attorney can help you understand the equitable division process and can advocate for you during negotiations or in court.
To give you a better understanding of how marital property division works, here is everything you need to know.
What Counts as Marital Property?
In Florida, all assets and debts acquired during the marriage are considered marital property. This includes assets and debts acquired before the marriage, but it only applies to the increase in value of those assets and debts. For example, if you owned a home before getting married, and the home’s value increased during the marriage, that increase in value would be considered marital property.
However, if you owned a home before getting married, and the home’s value decreased during the marriage, that decrease in value would not be considered marital property.
Here are some assets that count as marital property:
- Stocks, bonds, and mutual funds
- Property
- Bank accounts
- Real estate
- Automobiles
- Retirement accounts
- IRAs
- Investments
- Businesses
- Income
- Artwork and other collectible items
- Antiques
What Counts as Separate Property?
As we touched upon, an item is considered to be marital property when two people are married and they purchase an item together. This means that if the two people were to get divorced, the item would be divided equally between them.
Conversely, if one person were to purchase an item with their own money and or before the marriage, then the item would be considered to be their separate property and would not be divided in the event of a divorce.
Here are some assets that could count as separate property:
- Income from separate property
- Separate assets and debts defined in a prenuptial agreement
- Items purchased with or exchanged for separate property
How Is Marital Property Divided?
In Florida, the court will consider a number of factors when dividing marital property, including each spouse’s contributions to the marriage, the length of the marriage, and the financial circumstances of each spouse.
The court will also look at the nature and value of the assets and debts being divided. Generally, the court will try to divide the assets and debts in a way that is fair and equitable to both spouses. However, this does not always mean that each spouse will receive an equal share.
Can I Dispute the Division of Marital Property?
Yes, you can dispute the division of marital property. However, the court will not necessarily change its decision just because you do not agree with it. The court will only change its decision if it finds that the division is not fair and equitable.
Conclusion
The division of marital property can be a complicated process. If you are going through a divorce and have questions about how your property will be divided, you should speak with an experienced family law attorney.
For more resources on a division of marital property, Dorsey Law JAX can help. We provide family law services, covering everything you need to know to build a case. Get in touch with us today to learn more.
September 16, 2022
Child custody laws vary from state to state, but there are two general custody arrangements: physical and legal. A parent can have both physical and legal custody of their child, or they can have one or the other.
In today’s article, let’s look at child custody in Florida. Here’s what you need to know:
Child Custody in Florida
Time-Sharing
Florida recently changed the terminology it uses to refer to child custody. The state now uses the term “time-sharing” to refer to what was previously known as child custody.
The change in terminology is part of a larger effort by the state to reduce conflict between parents and promote cooperative parenting. The new time-sharing arrangement is designed to give parents equal time with their children.
Under the old child custody arrangement, one parent would typically be designated as the primary custodial parent, while the other would have visitation rights. This often led to conflict between the parents, as the custodial parent would feel they were not getting enough time with their children.
Parenting Plan
In the state of Florida, child custody is determined by what is in the child’s best interests. There are many factors that a court will consider when making this determination, but the most important factor is always the child’s safety. In some cases, the court may find that it is in the child’s best interests to be placed with one parent, while in other cases, the court may find that it is in the best interests of the child to be placed with both parents.
When the court is deciding about child custody, they will first look at the parenting plan that the parents have created. The parenting plan should be created with the child’s best interests in mind and should be created by both parents. The parenting plan should include a schedule of when the child will be with each parent and a plan for how the parents will make decisions about the child’s upbringing.
Equal Time-Sharing
It’s important to note that the state favors equal time-sharing between parents when possible. This means the child will spend approximately the same time with each parent.
The court will try to make a decision that is in the child’s best interests. They will look at things like the child’s age, relationship with each parent, and each parent’s work schedule to make their decision.
The court will also consider any history of domestic violence or abuse when deciding on child custody. If there is a history of abuse, the court will not award joint custody to the abusive parent.
The Bottom Line
Deciding who will have primary custody of a child or children following a divorce or other legal separation can be difficult, but the main goal is to ensure the child’s well-being. In Florida, new changes have been made to reach this goal better. If you are going through a divorce or child custody proceeding in Florida, it is important to have an experienced attorney on your side.
If you need professional law advice and services, we are here to help you. Dorsey Law JAX is a law firm that specializes in family law, criminal law, and personal injury. We can help you get what you deserve. Feel free to contact us anytime.
