Should You Ask for a Paternity Test? Depends . . .

If you are not sure about your child’s parentage, yes. There are legal reasons why a parent would have his or her child’s paternity determined as well as personal and medical reasons. Even if you are not looking to establish parental rights to a child, having a paternity test performed can help you determine his or her genetic health risks and give you peace of mind.

 A Biological Father is Not Always a Legal Father

 When a child is born to a married woman, her husband is automatically the child’s legal father regardless of whether he is the child’s biological father. If the mother is not married, the child’s biological father is not automatically put on the child’s birth certificate and granted parental rights. In order to be the child’s legal father, he must sign a voluntary acknowledgment of paternity at the time of the child’s birth or later in the child’s life.

 If the child’s mother and the alleged father do not agree that the man in question is the child’s biological father, one can file a paternity action to have the child’s paternity established by the court or the Florida Department of Revenue Child Support Services. Genetic testing is used to determine the child’s parentage.

 Determining a Child’s Parentage can be Part of Establishing Parental Rights to Him or Her

 In family law, the most common reason why an individual would seek a paternity test is to establish parental rights to a child. Having parental rights grants an individual the following:

●       The right to seek custody or parenting time with the child;      

●       The right to seek child support for the child;   
●       The right to cover the child with your health insurance and other benefits, like veteran benefits and Social Security; and                    
●       The child’s right inherit to your assets following your death if you do not have a will. 

Filing a Paternity Action in Florida

 A child’s mother, the child’s alleged father, a legal representative of the child, or the Florida Department of Revenue can file a paternity action to have a child’s parentage established.

When a party seeks to establish paternity through a court order, the court may order a genetic paternity test and require one or both of the parents to pay for it. In contrast, a genetic test ordered as part of an Administrative Order of Paternity through the Department of Revenue is free. In both scenarios, the final judgment establishes whether the alleged father is the child’s legal father. This does not automatically grant him child support or time with the child, but it does grant him the right to seek these things.

 Work with an Experienced Winter Park Family Lawyer

 Navigating issues of paternity, parental rights, and child custody can be tricky. If you find yourself entangled in these issues, an experienced Winter Park family lawyer can guide you to a productive solution. To get started with our firm, contact The Law Offices of Aubrey Harry Ducker, Jr., P.L.C. today to schedule your initial consultation in our office.

 http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0742/Sections/0742.10.html

http://floridarevenue.com/childsupport/Pages/paternity.aspx#fifth

 

Collaborative Divorce for Unconventional Circumstances

Every marriage is unique. Logically, this means that every divorce is unique, even though they generally involve the same issues to settle, such as how the couple’s property is divided and how the couple with handle co-parenting after the divorce. There is no one-size-fits-all divorce method, and when couples try to force their divorces to fit specific molds, they often come away feeling frustrated and unsatisfied with their divorce settlement terms.

Collaborative divorce puts couples in the drivers’ seats of their divorces, rather than leaving the rulings that they will have to live with up to the court. Collaborative divorce is an especially attractive option for couples with unconventional circumstances and needs, such as business owners and those willing to try modern co-parenting arrangements like birdnesting.

You Know What is Best for your Children. Develop the Ideal Co-Parenting Plan for Them
There are many different ways to handle co-parenting after a divorce. When the court makes a co-parenting determination, it does so with the child’s best interest in mind. You might determine that your child’s best interests are served by a birdnesting agreement or another alternative timesharing arrangement. If you and your spouse agree to an unconventional parenting plan like incorporating boarding school or time with extended family, work together to include this in your collaborative divorce settlement.

Some Couples Live Together After their Divorces
For some couples, the idea of living with a former spouse is laughable. For others, it is necessary and even attractive. If you are considering remaining in the same household after your divorce, even if you are in different units of a multi-family property, it is important to take this into consideration when developing the terms of your divorce settlement. Remaining in close quarters after your divorce can make it easy to deviate from your property division settlement, so it is important that you are clear and in total agreement about this settlement before starting live as a cohabitating divorced couple.

Splitting Up or Reorganizing your Business is Easier when you are In Control
If you and your spouse owned a business together, valuing the business so it can be equitably divided between you is an important part of the divorce process. But what if you both want to continue operating the business? In a case like this, your interests will still have to be divided and you will continue the business operation as partners.
Even if you do not want to continue operating the business together, you will need to find a fair way to divide it. Whether one of you plans to continue operating it will determine how you divide it and its assets.

Work with an Experienced Winter Park Divorce Attorney
Contact The Law Offices of Aubrey Harry Ducker, Jr., PLLC today to set up your initial consultation with an experienced Winter Park divorce attorney. During your consultation, you can discuss your specific divorce goals and needs with Mr. Ducker to determine an appropriate plan for ending your marriage. Never assume that your ideal divorce is unattainable – it, or something close to it, could be very doable through collaborative divorce.
Resources:
nypost.com/2016/04/28/is-birdnesting-the-stupidest-or-smartest-divorce-trend-yet/
thebalance.com/business-valuation-methods-2948478

Working Out the Terms of your Spousal Support Agreement in a Collaborative Divorce

Spousal support, also known as alimony, is an issue that arises in many Florida divorces. It is the money one partner pays to the other after their divorce, generally for a fixed period of time but sometimes, until the receiving spouse remarries or either partner dies. This money is intended to help the spouse who opted out of the full-time workforce to care for the couple’s home and children during the marriage to avoid financial hardship.

 In a collaborative divorce, the divorcing couple works together to make their own determinations about their divorce settlement, rather than having the court make them. Alimony is often an issue discussed during collaborative divorces alongside parenting time and the division of the couple’s marital assets.

In Florida, you Can Waive your Right to Seek Spousal Support

Florida law permits individuals to waive their right to seek alimony in the event of their divorces in prenuptial agreements. This is not the case in all states.

 Just like a collaborative divorce, a prenuptial agreement requires a couple to be flexible and willing to work together to make determinations that benefit them both, even in unpleasant situations like divorce.

 Waiving Spousal Support in Exchange for a Larger Share of Marital Assets

 When you divorce through collaboration, rather than litigation, you and your spouse work together to reach a divorce agreement that best fits your needs. In any divorce, dividing your marital assets is a component of the final settlement and often, it is the largest component of the settlement. Talk about potentially opting out of alimony in exchange for a more favorable share of your marital assets with your spouse, but also with your lawyer privately – there could be issues you do not initially recognize, like large tax burdens associated with certain marital assets or the long-term impact of choosing not to create an alimony order.

Collaborative Divorce is All About Keeping Control of your Divorce

Couples who choose collaborative divorce are often more satisfied with the results of their divorces than couples who divorce through litigation.

If you took on lower-paying jobs or opted out of the workforce completely during your marriage, alimony is a way to protect your financial future. Do not confuse the need to be amicable in a collaborative divorce with a need to agree with everything your spouse suggests. If you feel alimony is in your best interest, explain this and support your position with relevant facts during your collaborative divorce meetings. Your lawyer is your advocate, but you also need to advocate for yourself.

Work with an Experienced Winter Park Divorce Lawyer

When you are considering divorce, you have a lot on your mind. Before you begin the collaborative divorce process, discuss these issues with your divorce lawyer so you begin the process educated about Florida’s divorce laws and what you can expect given your case’s unique circumstances. Contact The Law Offices of Aubrey Harry Ducker, Jr., P.L.C. today to schedule your initial consultation with us.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.079.html