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

 

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.

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.

Custody, timesharing, parenting plans

The Language of Divorce has been changed. No more are there Custodial or Primary Custodial Parents. Now each parent has a timeshareing arrangement intended to provide the maximum contact with the child and lesson hostility and conflict over who has "Custody" or who "makes the Decisions."

In reality, the Florida Legislature in attempting to lower conflict in divorce cases may have inadvertently muddied the waters for a little while. Reality suggests that parenting plans need to be precise to allow the police officer called to the scene to interpret with whom the child should leave the ball field.

All too often, conflict arrises when Dad took little Johnny to the soccer game and Mom arrived to watch. Since it is "Dad's visitation" he wants to take Johnny home to drop him off at Mom's house. Mom naturaly wants to take Johnny home to prevent Dad coming to her house, again, and snooping around who else might be there, or just hanging around hoping to "talk." This scenario plays out in many ways, but the bottom line is:

Precise Parenting Plans Prevent Parental Problems.

Visit me at www.aubreylaw.com for help with your Parenting Plan Problems.

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