By Weiner & Weiss, LLC | Published July 3, 2018 | Posted in Child Custody, Family Law, Paternity | Tagged Tags: biological father, child's best interest, Florida Supreme Court, legal father, paternity | Comments Off on Biological Father Has Standing To Rebut Presumption That The Mother’s Husband Is The Legal Father
Biological Father Has Standing To Rebut Presumption That The Mother’s Husband Is The Legal Father
On June 28th, the Florida Supreme Court ruled that a biological father has standing to rebut the common law presumption that the mother’s husband is the legal father of a child born to an intact marriage. The Court ruled that the biological father must show that he has “manifested a substantial and continuing concern” for Read More
Read MoreFactors the Court Must Consider If You Seek to Relocate With Your Minor Child(ren)
Unless an agreement has been entered a parent or other person seeking relocation must file a petition to relocate and serve it upon the other parent, and every other person entitled to access to or time-sharing with the child. Below are the factors the Court must consider. a. The nature, quality, extent of involvement, and duration Read More
Read MoreVacation Planning For Divorced Families
Many of Florida’s divorced parents enjoy an equal or near-equal share of time with their children. A parenting plan should allow for parents to take their children on vacation with a bit of negotiation. When planning a vacation that involves extensive or international travel, it is a good idea to prepare well in advance, so Read More
Read MoreAre you a Disney Dad?
The role of the divorced father has evolved over the last 20 years. In most modern divorces, both parents share in the responsibilities of parenting the children they share, if not equally then nearly so. Florida modified the language of its divorce-related statutes to reflect the change in philosophy — from custody to time-sharing. The Read More
Read MoreThe Hague Convention And International Relocation Issues
The Hague convention governs nearly all European countries and is the primary mechanism for preventing the kidnapping and disappearance of children by their parents. This multilateral treaty prevents abduction and retention of children by demanding the immediate return of children whose parents have transported them across international borders without the permission of the second parent. Read More
Read MoreTips For The Handoff — Easing A Child’s Transition Between Parents
Florida’s approach to the management of children after divorce is clearly reflected in the language of the related statutes. The concept of time-sharing replaced custody a few years ago with the intention of equalizing parents in their post-divorce child-rearing responsibilities. These days, it is not uncommon for children to divide their time equally between their Read More
Read MoreCan I Prevent My Ex-spouse from Moving Far Away with the Children after Divorce?
Parents with primary residency cannot simply move out of range of the other parent or anyone who has time sharing or other rights to the children. However, you need to take quick action to object if your ex-spouse files a petition for relocation. You cannot typically prevent your ex from moving, but Boca Raton parental Read More
Read MoreVirtual Visitation And Parenting From A Distance
The world is getting smaller every day as the tools for communication become faster, cheaper and more accessible. Florida was among the first states to introduce virtual or electronic visitation for prisoners, and now is among those states to address this method of communication with parents who live at a distance from their children. What Read More
Read MoreHow Can I Protect my Rights to Share Parenting When My Spouse Took the Children Out of State?
If your spouse recently moved the children after they were born and raised in Florida, child custody laws in Florida help ensure you continue to see your children regularly. However, when laws in two states are in conflict, certain federal laws help protect the best interests of the children by resolving parenting issues. According to Read More
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