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

Is Collaborative Divorce Better than Mediation?

Collaborative divorce and mediation are two forms of alternative dispute resolution (ADR) that divorcing couples can use to complete the divorce process. One is not inherently “better” than the other, but one can be a better fit for your divorce. Which type of ADR is better for your divorce depends on your relationship with your spouse and the unique details of your marriage.

 Go into the divorce process with an open mind and do your research about your options. Work with your spouse to determine which divorce method is best for you – if you choose collaborative divorce, you will need to work cooperatively with him or her. You can determine if this is possible by seeing how well you can work together to determine the right divorce method for yourselves.

 How Mediation and Collaborative Divorce are Different

 Mediation and collaborative divorce both take place outside the courtroom. With both types of ADR, the divorcing couple maintains a high amount of control over their divorce.

 There are differences between the two, though. The primary difference between collaborative divorce and mediation is the absence of a mediator in a collaborative divorce. A mediator is a neutral third party who guides the divorcing couple toward their settlement, whereas with a collaborative divorce, the couple handles this process with their lawyers.

It Could be Better for your Divorce

 Whether collaborative divorce is better for your divorce than mediation depends largely on your ability to work cooperatively with your spouse. Although both divorce methods are less adversarial than a courtroom divorce, having a mediator present can lessen any lingering tension between a couple whereas in a collaborative divorce session, tension can leak into the couple’s interactions.

Whether collaborative divorce or mediation is better does not just depend on your personalities. Your level of knowledge about the divorce process can also determine whether you are better suited for one or the other. A mediator can explain each part of your settlement and how agreements are reached. He or she is a guide to divorce, whereas with a collaborative divorce, you and your spouse guide yourselves. Of course, you have a divorce lawyer no matter which type of divorce you choose, and your lawyer can answer any questions you have and provide you with the advice you need. But a mediator is an additional layer of professional advice and guidance, guidance that is meant to empower you and your spouse to make productive, fair choices about your divorce settlement.

 Work with an Experienced Winter Park Divorce Lawyer

 If you are considering a collaborative divorce, work with a divorce lawyer in Winter Park who has specific experience facilitating this type of divorce. Contact The Law Offices of Aubrey Harry Ducker, Jr., PLLC today to set up your initial consultation with Mr. Ducker. During your consultation, you can discuss your specific divorce concerns with him and have all your questions answered so you can move forward with your divorce as an informed participant.

 https://www.law.cornell.edu/wex/alternative_dispute_resolution

Boys will be Boys is Demeaning to Men

http://www.buzzfeed.com/inesalmeida/top-21-viral-memes-about-boys-a-must-read-for-any-hixz

When we teach our children outdated gender roles of Masculine and Feminine stereotypes in the home and at work, we are teaching them that people are Different. But what are we really teaching them?

When we say, "Boys will be boys" are we excusing inappropriate behavior and setting up problems in adulthood?

Numerous stories could be written about the entitled masses taking advantage of those less fortunate.
I'd like to take this time to use a different tactic. Boys don't have to be boys and many can choose to be men of honor.

Thankfully, I have a friend in Dave Harding. He is the captain of the Duke Football team and one of the Good Works Nominees honored at the Sugar Bowl last night. http://www.goduke.com/ViewArticle.dbml?ATCLID=209356771

Another nominee is Tusculum College quarterback, Bo Cordell. http://www.tusculumpioneers.com/article.asp?articleID=4390

Both of these student athletes exemplify Boys being Men, taking responsibility for the world around them and working harder than they must to promote those less fortunate.

When you need help this year, call me. 407-645-3297 or visit my website at www.aubreylaw.com

Adultery, Blasphemy, Christians and Divorce

A, B, C, D, E, F, G . . . elemenope . . . If only Life were as simple!

A client came to my office recently and told me that her "Christian" mother had called her an Adulterer and kicked her out of the house. We filed her divorce several weeks ago and she was living with her mother following domestic violence in her marital home. Unfortunately, her mother feels she should simply endure the violence because "what God hath brought together, let no man put asunder," to quote the traditional wedding vows blessing.

Blasphemy is defined as either an untruth or taking god's name in vane. I consider using "Christian" language in decidedly unchristian manner as a form of Blasphemy. Obviously her mother was referring to Matthew 5:31, 32 (It was said, 'Whoever sends his wife away, let him give her a certificate of divorce'; but I say to you that everyone who divorces his wife, except for the reason of unchastity, makes her commit adultery; and whoever marries a divorced woman commits adultery.)When someone says, "I want a Christian Attorney." I usually reply, "No you do not." or "I don't think you do." If you wanted a Christian Attorney, you would settle with your adversary far from the courthouse as Jesus himself instructed in other verses in Matthew. "If anyone wants to sue you and take your tunic, let him have your cloak as well. Whoever forces you to go one mile, go with him two." You can do your own research at https://www.bible.com/bible/100/mat.5.nasb

Christians sometimes tend to view Jesus' words as being important. They are, but must be placed in context of the Roman Empire and the Province of Judea where Jesus lived and taught. Roman law allowed a man to put away his wife by divorce for any reason. Women had no such right to seek a divorce as they were mere chattel to be bought or sold by their fathers. Men could divorce their wives, but women could not, even for domestic violence, adultery, neglect, abandonment, etc. Since Women were tied to their father, husband, or son, they were destitute without such patriarchal support.

Divorce has been around for more than 3,000 years, but a Woman's Right to sue for divorce is quite new. Today in Florida, the only reason needed for a marriage is "the Marriage is Irretrievably Broken." When a spouse physically abuses and violates his or her "true love" how can the marriage survive?

Every now and then I see a story in the news that makes me want to help. Some friends have put together a seminar on Domestic Violence. Associated Baptist Press reporter Bob Allen writes: American Baptist Women’s Ministries will lead an online “virtual mission encounter” on the topic of domestic violence Sept. 23-27.
“Garlands instead of Ashes: Domestic Violence” is the third of four learning opportunities in 2013 allowing women to meet online and share their passion for mission without the expense of travel and having to take time off work. http://www.abpnews.com/culture/social-issues/item/8786-domestic-violence-focus-of-virtual-tour#.UhYEYTbD-M8
No person should be forced to live with an abuser, and especially not for "Christian reasons."
 
If Domestic Violence is a part of your life and you want it to stop, call me at 407-645-3297. I may be able to help, even if I don't like the phrase "Christian Attorney." You can also visit my website at www.aubreylaw.com for more information and links regarding Divorce, Child Support, Alimony, Equitable Distribution, and many other topics. I am an Attorney, licensed in Florida, practicing in the areas of Collaborative Divorce, Elder Law, Family Law, and Guardianships. I have helped numerous husbands and wives seek a fresh start.

Senate Bill 718 and House Bill 231

TURNING BACK THE CLOCK on 30 years of progress in Family Law
An Update and Plea to Help Stop this Travesty

Recently the Florida House passed HB 231 mandating changes to divorce law that will make marriage much more palatable and divorce much easier. You see, if this becomes law, no man will fear alimony or child support. Changes proposed will END permanent alimony (never mind that permanent alimony is almost universally not permanent today). Changes will also guarantee child support will be minimal and discretionary. If the primary breadwinner doesn't want to pay support, they are guaranteed 50/50 timeshare, and can easily ask for more to "allow the other spouse maximum time to work" thereby lowering child support to next to nothing. Forget deadbeats, no order will issue requiring support while fighting it out.

OK, those are worst case scenarios, but anything is possible when this legislature is in session!

Here are some of the proposed changes:

- application of these new rules retroactively to alimony awards entered (within the past 15 years by agreement) regardless of whether the support was based upon the agreement of the parties or court ordered after trial;

- litigation of alimony changes carries a risk of attorneys fees, just for contesting the changes in court;

- The new law would REQUIRE the proof of increased income AND for TWO YEARS of increased income to be deemed permanent. Quite a hurdle for the person receiving alimony. There is no such requirement should the obligor seek to obtain downward modification. Oh, my pay went down, so I don't have to prove it or show the decreased income lasted 2 years.

- Possibly the Worst idea: The new law includes a presumption for 50/50 timesharing except in very limited circumstances (prove a danger to the child's health, safety and welfare)(this applies in ALL cases not just divorcing parents)

Another bad idea: if the obligor is unemployed at the time of the dissolution the spouse has to wait a full two years after they become employed before asking for spousal support to be modified. So, lose your job just prior to divorce and 2 years without alimony will certainly punish your former spouse for wanting a divorce!

If this passes out of the Senate tomorrow afternoon, and it looks probable, it will be on the House floor next week and then off to the Governor shortly thereafter. The Family Law Section is doing what it can to defeat these bills, having committed to a grassroots and media campaign to get the word out, but those efforts are going to run short without your help. I am therefore asking that if you have not done so in anticipation of this bill being voted upon by the full Senate tomorrow that you please contact your Senators and, after tomorrow, your Representatives (or all Senators and all Representatives) http://www.flsenate.gov/Senators/Find and http://www.myfloridahouse.gov/Sections/Representatives/representatives.aspx and urge them to oppose this legislation. Then, remember how they voted when they run for office next time.

 

Call me at 407-645-3297 or visit my website at www.aubreylaw.com

Aubrey

Why Collaborative Divorce?

There are MANY reasons to choose a Collaborative Divorce, Costs, Timeliness, Process, Control, CHILDREN.

The Costs associated with asking a Judge to decide major issues in a divorce case can range from hundreds to tens of thousands of dollars. Most attorneys know what the judge is likely to decide given the limited facts the judge will ultimately hear. So why should you give aways your children's college fund in order to risk the judge seeing things your former spouse's way? You should not.

Timliness is how long it will take to have the Judge make a decision. Just getting on the calendar for a hearing may take several weeks to several months. At hearing, if your attorney runs short of time, either because he did not prepare or because the other side managed to distract and stall the presentation of evidence for your case, you may have to wait several more weeks or months to finally have the Judge hear all the evidence allowing a ruling. That ruling may be subject to appeal, or the Judge may take some time to reduce an oral ruling to writing, delaying a few more weeks, or in the case of appeal, several more months.

In a Collaborative Case, time is determined by your attorney's scheduling with the other team members who are all working to Resolve the situation, not to delay decisions! This Collaborative Process puts YOU in Control of the Decisions. Having a Communications Coach, and your legal advisor, helping You Make the Decisions saves time, and ultimately results in a Much less Stressful process for your family. Ultimately, Collaborative Divorce results in Less Drama for children as Parents can learn to work together even though they are no longer married and living together. The reduction in stress in the household, along with new communications styles and mediums may have a lasting effect on your family, and especially your Children. Call me 407-645-3297 or visit my website at www.aubreylaw.com

Still not convinced, according to Lauren Hansen, there are at least 9 more to consider when Children are involved:

9 negative effects divorce reportedly has on children

The Week – Thu, Mar 28, 2013

http://news.yahoo.com/9-negative-effects-divorce-reportedly-children-220900169.html

Just in case you missed it - Divorce brings on a world of issues for children.

We like to think children are resilient and can adapt easily, but in reality, childhood trauma manifests itself for YEARS to come in their lives.
Make the Decisions Now so in the future, your children will Thank you.

Collaborative Divorce Saves Money, Time and Stress

Almost every month the Collaborative Family Law Group of Central Florida http://www.cfl-cfl.com/ meets to discuss ways we can help our clients save money, save time and save stress when pursuing a divorce. Sometimes we meet together at the Mount Vernon Inn on 17-92.
http://bestwesternflorida.com/hotels/best-western-mount-vernon-inn/ 
Other times we meet in one of four practice groups at various offices in the area. Each time we meet, we learn new ways to discuss, facilitate, encourage, coach or counsel our clients.
The International Association of Collaborative Professionals http://collaborativepractice.com/ is an international community of legal, mental health and financial professionals working in concert to create client-centered processes for resolving conflict. Supporting Collaborative Practice as a conflict resolution option, its Mission is:

• establishing and upholding the essential elements, ethical and practice standards of Collaborative Practice;
• fostering professional excellence by educating and providing resources to Collaborative practitioners;
• leading and integrating the Collaborative community; and
• promoting the growth of Collaborative Practice.

Why would you want a Collaborative Professional? Because it saves you Time, Money, Resources, and most of all STRESS! In a Collaborative Divorce, YOU make the Decisions in concert with your spouse and several professionals selected to assist.

You get to select a single Financial Professional to assess your family's finances to maximize child support and alimony so that limited resources are stretched for the family's benefit.

You get to select a Mental Health Professional who coaches you in communication. Many graduates of a Collaborative Divorce find they are much better able to communicate than ever during their marriage.

You get to decide how and when you get divorced; there is no waiting on a response from the other side, the court, a deposition, etc.

You are not alone in these decisions! You have help from several professionals who work daily in these situations. Our collective experience and expertise HELP you Make Decisions!

Call me at 407-645-3297 or visit my website at www.aubreylaw.com and ask how we can help you seek a Collaborative Divorce. Aubrey

How Many Attorneys Does it Take?

I know this sounds like a joke, but I was actually serious. How many attorneys you consult about a problem gives an indication of your interest and trust. How many should you consult? If you receive a recommendation from a trusted friend, and the attorney is competent to handle your case, you may not want to waste time getting second opinions.

Most good attorneys, like any good doctor, will be happy for you to seek out a second opinion. Once you have consulted and aquired a number of opinions, in choosing an attorney you should consider a several questions:
Who do you trust more?
Who makes you feel most comfortable?
Whose advice will you most easily accept?
Who has the simplest fee structure?
Who expects the most up front money, or Retainer?
Who has the expertise in your area of law?
Who has been in practice longer?
Who is most up to date on the Law?

In answering these questions, you will be able to select the attorney most competent to handle your case.

Do not be afraid to ask hard questions, such as:
How much will this cost?
What are the negative possibilities?
Am I liable for any other costs or fees?
Will the court order the other side to pay your fees?
Most important when suing for money damages, child support, alimony, or equitable distribution, what are my chances of actually collecting from the defendant?

In the end, the more answers you have at the beginning, the more likely you are to understand the process and potential outcomes.

So, how many attorneys does it take to change a lightbulb? Just One, but it has to be a good Case.

OK, here is the joke: How many attorneys does it take to change a lightbulb? Four. One to change the lightbulb. One to climb the ladder, one to shake the ladder, one to sue the ladder company.

Why would You even Talk to a Divorce Lawyer?

They will just break up your marriage! NOT TRUE!
Just having Knowledge of the Law can be key to success in many endeavors, even a successful marriage. Remember - Ignorance of the Law is No Excuse!

There are many issues under the "Family Law" umbrella. Adoption, Divorce, Child Support, Custody - or as we now say in Florida, Time Share - Domestic Violence, Post Disolution Motions, and Prenuptial Agreements are all areas Attorneys work and are vitally needed.

Adoption has many differing aspects that only an attorney can sort out to make the best for your family situation. Is Open Adoption an option? Should you consider a Foreign Adoption? How do you domesticate your Foreign Adoption? Should you be a Foster Parent before even considering adoption? An attorney can help you analyze these critical questions to best suit your family situation.

Prenuptial Agreements may sound like movie star problems; however, seniors, second marriages, widows, widowers, and the like are most likely to need these contracts. Only a well trained attorney can properly guide you through the problems and potential defects in such complex documents.

Divorce - some people are immediately turned off by the word; but in our society, everybody knows someone who needs to talk to a divorce lawyer. Working things out in the court may be more important for the children's wellbeing than staying together for the sake of the children. Children do not thrive in conflict. They sense conflict without being told all the particulars. They want Mommy and Daddy to be happy, but don't know how to make Happy work. Thus children will internalize the conflict and become bullies at school, or withdrawn from friends, or neglect schoolwork, or work extra hard at school, pressuring themselves to make their parents HAPPY. Children should not be made the source of their parents conflict or happiness. That is Stress!!!

Why talk to a Divorce Lawyer? For the sake of the Children! Visit my website at www.aubreylaw.com or

Call me today, 407-645-3297, even if just to say, "Hey, I saw your blog!"

Financing Available

We extend Credit!!!

Many people ask, in fact today a man asked, "How do you expect me to afford that?"

Our office has a new policy for extended payment plans in some cases.

Balances between $300 and $25,000 can be spread over a year, interest free.

Balances between $1,000 and $25,000 can be spread over 60 months with a lower interest rate than is offered on many credit cards.

I only ask that regular payments be made.

My office in Winter Park, Florida, accepts all major credit cards, cash and most checks.

I represent people in Family Law matters including Divorce, Child Custody, Alimony, Child Support, Paternity, Visitation, Father's Rights, Moving out of state and most other issues that come up in domestic relations court.

I also represent Elders in Elder Law matters including Estate Planning, End of Life Planning, Medicaid Planning and parent child disputes.

Making Sound Decisions

Most people assume that given all relevant information, they will make sound decisions. Many people however, do not know when they have all the relevant information and may consider much irrelevant information in their decision making process.
When considering a contract, You Need An Attorney.
Contracts take many forms and all are considered by the courts to be a law between the parties. Whether the contract is for a Water Purification System in your home, a Home Security Monitoring Agreement, a Child Support or Alimony Agreement, an Insurance Settlement, a Probate Accounting, an agreement for piano lessons, a Timeshare Purchase, a Lease, or the purchase of an appliance with a warranty, You Need An Attorney. The company presenting the contract for your signature no doubt had an attorney look at the document to determine its legality and enforceability. You should also have an attorney review the contract. Most Insurance companies have staffs of attorneys to draft and review settlement agreements. The agreements are presented to the consumer by "Adjusters" who work for the insurance company. You the consumer need an attorney as well.

Making Sound Decisions

Most people assume that given all relevant information they can make the best decision. Knowing what information is relevant can be a tricky proposition. One of my colleagues runs a commercial in the Orlando area wherein she says, if an insurance company sends an adjuster to your home to settle a claim, YOU NEED A LAWYER. The Insurance Company employs Many attorneys, and investigators, (called adjusters) to value your claim. These employees of the insurance company owe loyalty to the company, not to you the consumer. YOU NEED A LAWYER!

When presented with a contract of any kind, whether it be to purchase and install a security system or water softener, to purchase piano lessons for your child, to purchase or lease a home, to settle a matter in court, to divide a business interest, You Need an Attorney!

Even people who have attorneys at their disposal, be they family members, close personal friends, or even retained attorneys, may be reluctant to call and ask the important questions, primarily, WHAT INFORMATION IS RELEVANT TO MAKING THIS DECISION?

Sometimes important information to one party in a transaction is not important at all to the other party. Many times, irrelevant information is presented as a reason for the decision to go a certain way. These negotiation tactics harm the consumer if the consumer is unaware. An Attorney, working for you, can help make the best decision by ensuring all RELEVANT information is considered, and all Irrelevant information is ignored.

If you owed money, you would pay it. If you are owed money, you should receive it. Sometimes the question of who owes money to whom can be more complex than one piece of paper would indicate.

More on Support - this time for the ladies

Here are 7 things every girl should know before having sex, or the resulting kids.
1. Your First Responsibility is to Your Child. No matter how sweet, supportive, loving, cute, etc. the boy is, he will NEVER carry the child 9 months awaiting its arrival.
2. NO form of birth control is 100% effective. The "Virgin Mary" practiced Abstinance and we see how that turned out. (insert laughter here)
3. You are legally responsible for the child, even if you didn't want to have a baby. It doesn't matter that you used birth control, or that you wanted to give the child up for adoption.
4. Child Support includes more than money. It includes emotional support, love, food, shelter, clothing, education, TIME, attention . . . even when you don't feel like it. Even when you are tired, sick, busy . . .
5. A child ties you to the father for life. Not only the 18 years to raise the child, but weddings, funerals, etc. for life.
6. The Father is responsible for child support once the child is born, not matter what your agreements. He is responsible to assist you with medical care before the child is born as well.
7. The Florida Department of Revenue's Child Support Enforcement Program can help. They can: locate noncustodial parents; determine paternity; obtain orders for support through the court system; enforce, collect and distribute support payments to the custodial parent.

An attorney may also assist in these areas. Call me or visit my website at http://www.aubreylaw.com/ if you have any questions.

Raising a child is difficult under the best circumstances. Do not make it even harder by ignoring real issues or avoiding conflict in an attempt to make someone else happy. Your First Responsibility is to your Child.

Child Support

Here are 7 things your "Son" should know before having sex, or the resulting children.
1. You are legally responsible for the child you father, even if you didn't want to have a baby. It doesn't matter that you used birth control, or that you wanted to give the child up for adoption.
2. Child Support includes more than money. It includes emotional support, love, food, shelter, clothing, education, TIME, attention . . . even when you don't feel like it. Even when you are tired, sick, busy . . .
3. You will have to pay Child Support in the form of money until the child reaches 18. Even if you are out of work, in jail, or can't afford your own rent and living expenses.
4. You must pay Child Support even if the mother recieves welfare and food stamps. EVEN IF SHE MARRIES SOMEONE ELSE, who has a good job, who gets called Daddy . . .
5. You cannot avoid Child Support by leaving the state; and certainly not by marrying someone else. Not even by having more children.
6. If you do not pay child support, your credit may be damaged. Your bank account may be seized. Your paycheck may be garnished. You may not get a tax refund you earned. Worse, YOU may be thrown IN JAIL.
7. Only You control when, where and with whom you have sex. It is beyond your control whether the sex you have results in a child. Never tell children you did not want/plan/love them. Being a father begins with wanting, planning and loving the child.
For more information, visit my website at http://www.aubreylaw.com/ or www.lawyers.com/duckerlaw

Step One - Establish Paternity

Why? Your child DESERVES the support of BOTH parents. It takes two to conceive the child, and psychological studies cited in most states show two parents are better than one.
You may ask, "How can I establish paternity?"
For children born to a married couple, paternity is PRESUMED to be the Husband.
In Unmarried couples, the Father can Voluntarily establish paternity by allowing or acknowledging the child through the Birth Certificate. HOWEVER, just because your name is listed on the Birth Certificate, doesn't make Paternity certain. If both the Unmarried Mother and Unmarried Father sign a Paternity Acknowledgement Form (available at most Hospitals, Birthing Centers, all Public Health Units, all Department of Children and Families offices, and the Office fo Vital Statistics) the matter can be established thereafter.
A simple blood test may lend insight to paternity, but this is NOT conclusive. When more certainty is required, a genetic test can determine to a very high degree of certainty, who is the father, or not. The Florida Department of Revenue can provide testing information, as can this office.
Again, WHY? In the long term, to secure an inheritance. Also, to show the true Father's name on the Birth Certificate, to allow the child to be connected fully to both parents and their families. For Legal Proof of the childs identity, for Support, both Financial and Medical, Paternity is crucial for Social Security, Veterans and Disability Benefits.

Ring That Bell

There are many ways to ring a bell. The large Wheel in the background is attached to a one-inch rope passing from the steeple of the First Baptist Church in America to the Music Director's office. Pulling the rope rotates the bell to strike the large "ball clapper." In this manner the bell rotates and the clapper is relatively stationary. The use of a one inch rope, indicates the weight of the bell and the potential momentum imparted to the person pulling on the rope.

The steeple also has a clock. The clock has a mechanism to ring the bell on the hour and 1/2 hour by use of the "hammer or "alternate clapper." The clock mechanism can't produce the force necessary to move the entire bell, thus the use of a much lighter hammer.

The hammer also attaches to a much smaller rope passing from the steeple to the interior of the church. Pulling the much smaller rope rings the bell, but the bell remains relatively stationary.

All this to say there are many ways to ring a bell.

There are also many ways to pursue your legal rememdy. Choosing an attorney who understands the differences between Litigation and Mediation, between Fighting it Out and Working it Out, can mean the difference between years of litigation and moving on with your life.

Best Paternity Joke

Who Should Get Custody?

A man and his wife were in divorce court, but the custody of their children posed a problem.

The mother's attorney leaped to his feet and protested to the judge that since she had carried them for 9 months, diapered their bottoms, taken care of them and generally "brought the children into this world," she should retain custody of them.

The man also wanted custody of his children, so the judge asked the man for his justification.

After a long silence, the man's attorney slowly rose from his chair and replied...

"Your Honor, when I put a dollar in a vending machine and a Coke comes out, does the Coke belong to me or the machine?"

Ba da bing . . .

Of course children do not "belong" to either parent. Children are referred to in courts as "Our Children" because to call them "My son/daughter/child" implies an exclusivity of parentage. As everybody knows, it takes two to tango, and if the "tango" results in a child, both parents have responsibilities to care and provide for the child. For help with child support, custody, visitation, alimony, divorce and other family law issues, call an attorney. Or, go to www.aubreylaw.com