Who has the Right to File a Paternity Suit?

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Paternity is essentially the legal recognition that a man is the father of a child.  Establishment of paternity brings with it various rights and responsibilities, including (i) the right to establish a time-sharing (visitation) schedule for the father, (ii) the responsibility of the father to provide the child with financial support, and (iii) the right of the child to inherit from the father.

As stated in section 742.011 of the Florida Statutes, the following people may bring a paternity suit in Florida:

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Text of Changes to the Alimony Statute

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On July 1, 2011, changes to section 61.08, Florida Statutes (the “Alimony Statute”) went into effect.  These changes narrow the circumstances under which permanent, periodic alimony will be awarded.  Below you will find the affected portions of the Alimony Statute, with the new language underlined:

61.08 Alimony.—

(2)        In determining whether to award alimony or maintenance, the court shall first make a specific factual determination as to whether either party has an actual need for alimony or maintenance and whether either party has the ability to pay alimony or maintenance. If the court finds that a party has a need for alimony or maintenance and that the other party has the ability to pay alimony or maintenance, then in determining the proper type and amount of alimony or maintenance under subsections (5)-(8), the court shall consider all relevant factors, including, but not limited to:

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Word Cloud: Section 61.13, Florida Statutes

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Sometimes I find it helpful to look at family law issues from a different angle, and hopefully gain a new perspective.  I will be experimenting with this concept by creating word clouds from different statutes, rules, or cases.

Word clouds take the most commonly used terms from a text and resize them according to their frequency of use.

The following word cloud, created using Wordle.net, breaks down section 61.13, Florida Statutes, the main law dealing with child custody orders:

Word Cloud - Section 61.13, Florida Statutes

Word Cloud - Section 61.13, Florida Statutes

If you have questions regarding child custody and wish to schedule a consultation with a family law attorney in Tampa Bay, call The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615.

What is a Parenting Plan?

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According to Section 61.046 of the Florida Statutes:

“Parenting plan” means a document created to govern the relationship between the parents relating to decisions that must be made regarding the minor child and must contain a time-sharing schedule for the parents and child. The issues concerning the minor child may include, but are not limited to, the child’s education, health care, and physical, social, and emotional well-being. In creating the plan, all circumstances between the parents, including their historic relationship, domestic violence, and other factors must be taken into consideration.

(a) The parenting plan must be:

1. Developed and agreed to by the parents and approved by a court; or

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Father Flees Florida With Child; Faces Charges of Felony Interference With Custody of Child

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News-Press.com out of Fort Meyers, Florida, is reporting that a father faces felony charges of interference with custody of a minor child after fleeing the state and hiding his child in Michigan.

The child’s father and mother had been divorced since May of 2010, and the father was exercising his regularly scheduled time-sharing with his child.  However, instead of returning the child to the mother at the end of his time-sharing schedule, the father simply left Florida without telling the mother where he or the child were going or when they would be back.  The Lee County Sheriff’s Office then obtained a warrant for the father’s arrest.

A charge of interference with custody of a minor child is based on section 787.03, Florida Statutes.  Below is the text of this statute:

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Section 61.538, Florida Statutes

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Role of state attorney.—

(1)In a case arising under this part or involving the Hague Convention on the Civil Aspects of International Child Abduction, the state attorney may take any lawful action, including resort to a proceeding under ss. 61.524-61.540 or any other available civil proceeding, to locate a child, obtain the return of a child, or enforce a child custody determination, if there is:

(a)An existing child custody determination;

(b)A request to do so from a court in a pending child custody proceeding;

(c)A reasonable belief that a criminal statute has been violated; or

(d)A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.

(2)A state attorney acting under this section acts on behalf of the court and may not represent any party.

History.—s. 5, ch. 2002-65.

Section 61.542, Florida Statutes

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Transitional provision.—

A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination that was commenced before the effective date of this part is governed by the law in effect at the time the motion or other request was made.

History.—s. 5, ch. 2002-65.

Section 61.541, Florida Statutes

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Application and construction.—

In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

History.—s. 5, ch. 2002-65.

Section 61.540, Florida Statutes

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Costs and expenses.—

The court may assess against the nonprevailing party all direct expenses and costs incurred by the state attorney and law enforcement officers under s. 61.538 or s. 61.539 so long as the court has personal jurisdiction over the nonprevailing party.

History.—s. 5, ch. 2002-65.

Section 61.539, Florida Statutes

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Role of law enforcement officers.—

At the request of a state attorney acting under s. 61.538, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a state attorney with responsibilities under s. 61.538.

History.—s. 5, ch. 2002-65.