paternity Archives - Page 2 of 6 - Family Diplomacy

In A Florida Child Custody Case, Does It Matter That I Am Gay?

July 29, 2012/10 Comments/in Case Law Update, Custody Law, Kids //Tags: bisexual parental rights, bisexual rights, case law, child custody, child custody case, child custody determination, Florida case law, Florida child custody, gay and lesbian parents, gay parental rights, gay rights, human-rights, lesbian parental rights, lesbian rights, LGBT family law rights, parenting plan, paternity, sexual orientation and child custody, time-sharingby Adam B. Cordover, Attorney-at-Law

I have been seeing more clients who are coming out of the closet either during or following their divorce (or during a child custody case not related to divorce). Each client has asked whether the Florida court is going to take into consideration his or her sexual orientation.

Though, in determining child custody matters, a Florida judge must take into consideration the “moral fitness” of the parents (see Florida Statutes Section 61.13(3)(f)), the court may not make a custody determination based solely on whether a parent is gay. In fact, a parent’s sexual orientation should not be a determining factor unless it has a direct negative impact on the welfare of the child.

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What is a Florida Parenting Plan?

July 16, 2012/1 Comment/in Divorce //Tags: child custody, divorce, florida divorce, parenting plan, paternity, time-sharingby Adam B. Cordover, Attorney-at-Law

For every Florida divorce case in which child custody issues are being decided, the judge must enter a parenting plan.

A parenting plan is a document that sets out parents’ rights and responsibilities towards their children. The parenting plan will explain each parent’s right to make major decisions concerning the children (such as education or medical decisions). The parenting plan will also flesh out each parent’s right to spend time with the children and detail which specific days the children will sleep overnight at each parent’s home.

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Hillsborough County Clerk of the Court Cuts Hours

July 5, 2012/0 Comments/in Divorce //Tags: adoption, child custody, child support, clerk of the court, divorce, Hillsborough County, name change, paternity, Plant City, Tampa, Tampa Bay Family Law Attorneyby Adam B. Cordover, Attorney-at-Law

Due to budget cuts, the Hillsborough County Clerk of the Court is reducing the hours it will handle court-related services. Beginning July 1, 2012, the hours were cut to 9:00 a.m. – 4:00 p.m. This will affect the filing and processing of family law (i.e., adoption, divorce, paternity, child support, child custody, name change, etc.) documents.

If you have a Tampa family law case and you wish to scheduled a consultation with a Florida family law attorney, contact The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or fill out our online form.

Legislative Update: Changes to Florida Statutes Section 63.062 – Persons required to consent to adoption; affidavit of nonpaternity; waiver of venue

May 26, 2012/1 Comment/in Adoption, Legislative Update //Tags: adoption, adult adoption, close relative adoption, father's rights, Florida adoption, gay adoption, lesbian adoption, nonpaternity, paternity, second parent adoption, stepchild adoption, stepparent adoptionby Adam B. Cordover, Attorney-at-Law

Florida recently passed updates to its Adoption statutes, which will go into effect on July 1, 2012. Among other statutes, section 63.062 was amended to clarify when it is necessary to obtain the consent for adoption of unmarried biological fathers and others, and what unmarried biological fathers must do to assert their rights to contest an adoption.

Below you will find the updated text of section 63.062 (new language is underlined, while deleted language is ~~stricken~~):

63.062 Persons required to consent to adoption; affidavit of nonpaternity; waiver of venue.—

(1) Unless supported by one or more of the grounds enumerated under s. 63.089(3), a petition to terminate parental rights pending adoption may be granted only if written consent has been executed as provided in s. 63.082 after the birth of the minor or notice has been served under s. 63.088 to:

(b) The father of the minor, if:

1. The minor was conceived or born while the father was married to the mother;

2. The minor is his child by adoption;

3. The minor has been adjudicated by the court to be his child before by the date a petition ~~is filed~~ for termination of parental rights is filed;

4. He has filed an affidavit of paternity pursuant to s. 382.013(2)(c) or he is listed on the child’s birth certificate before by the date a petition ~~is filed~~ for termination of parental rights is filed; or

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Rights Recognized in Tampa’s Domestic Partnership Registry

May 9, 2012/4 Comments/in Adoption, Florida Statutes, LGBT Family Law Matters //Tags: adoption, change of name, child custody, common law marriage, domestic partnership registry, Family Law News, Florida adoption, gay adoption, gay marriage, gay partnership agreement, gay rights, Hillsborough County, lesbian adoption, lesbian rights, name change, parental responsibility, parental rights, partnership agreement, paternity, Pinellas County, prenuptial agreement, same sex couples, same sex marriage, second parent adoption, Tampa, time-sharingby Adam B. Cordover, Attorney-at-Law

As President Obama today expressed his support for gay marriage, the State of Florida continues to define marriage as “a legal union between one man and one woman,” leaving homosexuals in loving relationships in a state of legal limbo. Attempting to fill in the gap, many local county and municipal governments are passing “domestic partnership registries” which codify certain rights to heterosexual and homosexual partners. Tampa, for one, has passed an ordinance creating a domestic partnership registry.

Tampa’s domestic partnership law recognizes the following rights for registered partners (to the extent that these rights are not superseded by other laws or ordinances or by contract):

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Do Fathers Ordered to Pay Child Support Have Custody Rights?

May 2, 2012/1 Comment/in Divorce //Tags: child custody, child custody case, child support, parental responsibility, parenting plan, paternity, time-sharing, UCCJEAby Adam B. Cordover, Attorney-at-Law

I see it all the time. A mother requests state welfare benefits, and the Florida Department of Revenue inquires as to whether the mother is receiving child support from her child’s father. The answer is no, and the Department of Revenue then initiates an administrative action to get the father to financially support his child.

Sometimes, the father admits that he is the child’s parent, and other times paternity is established through genetic testing, but the ultimate result is that the father is ordered to pay child support.

So, then, since he is paying support, does the father automatically get custody rights?

Though a mother should encourage a loving and continuing relationship between her child and the child’s father, the father does not automatically get custody rights.

However, the father can establish those rights.

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Disparaging The Other Parent Hurts Your Child And Your Florida Child Custody Case

April 18, 2012/0 Comments/in Florida Statutes, Kids, Kids Ok //Tags: best interests standard, child custody, child custody case, child support, divorce, Florida Statutes, modification of final judgment, parent child relationship, parental responsibility, parenting plan, paternity, temporary child custody, time-sharingby Adam B. Cordover, Attorney-at-Law

Rosalind Sedacca, a divorce and parenting coach and author, writes about why parents should not bash one another in front of their children:

When you put down their other parent, your children are likely to interpret it as a put-down of part of them. When both parents are guilty of this behavior, it can create a great confusion along with a sense of unworthiness and low self-esteem. “Something’s wrong with me” becomes the child’s unconscious belief.

***

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TMH v. DMT: Florida Appellate Court Recognizes Parental Rights of Both Lesbian Mothers in Case of Fertilized Egg Transplant

March 31, 2012/2 Comments/in Case Law Update, Florida Statutes, LGBT Family Law Matters //Tags: adoption, best interests standard, case law, child custody, Family Law News, Florida Statutes, gay adoption, gay marriage, gay rights, lesbian adoption, lesbian rights, parental responsibility, parental rights, parenting plan, paternity, relocation, same sex couples, same sex marriage, time-sharing, UCCJEAby Adam B. Cordover, Attorney-at-Law

Here’s the story: Two women are in a committed lesbian relationship when they decide to have a child together using reproductive technologies. One woman (the “Genetic Mother”) supplies the egg and has it fertilized. That egg is then implanted into her partner (the “Birth Mother”) who gives birth in 2004.

The child is given a hyphenated last name, combining the names of the Birth Mother and Genetic Mother. Birth announcements are sent out, proclaiming both partners to be mothers of the child. The partners reside with one another and the child in Florida, and they all live happily ever after.

Until 2006, when the Birth Mother and Genetic Mother break up.

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Can Smoking Affect Your Child Custody Case?

March 4, 2012/3 Comments/in Divorce //Tags: child custody, divorce, Family Law News, parental responsibility, parenting plan, paternity, relocation, temporary child custody, time-sharingby Adam B. Cordover, Attorney-at-Law

As a former cigarette smoker, an article in the Washington Times regarding smoking and child custody piqued my interest. Below is an excerpt:

States are increasingly factoring in cigarette smoking in making decisions about who gets custody of minor children. The group Action on Smoking and Health, an anti-tobacco advocacy group, surveyed custody issues involving cigarettes and tobacco use.

In at least 18 states, courts have ruled that subjecting a child to tobacco smoke is a factor which should be considered in deciding custody.

No judge and no court has ever ruled that subjecting a child to tobacco smoke should be ignored in deciding custody.

In thousands of cases, courts have issued orders prohibiting smoking in the presence of a child, especially in vehicles.

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Steps for Paying Florida Child Support Online – One Time Payments

January 24, 2012/0 Comments/in Divorce //Tags: child support, clerk of the court, divorce, enforcement, family law procedure, Hillsborough County, paternityby Adam B. Cordover, Attorney-at-Law

The folks at the Hillsborough County Clerk of the Court have made a pamphlet available explaining how to make one time child support payments online. Below you will find the steps:

Go to www.myfloridacounty.com;
Click on “Pay Child Support & View Payment History;”
Click “Pay Child Support Online;”
On the “Add Case” screen, enter the Case Number to which the payment is being applied. If making payments on multiple cases, each case should be added before proceeding to the next screen. You have two options to enter the Case Number: Read more →

Tag Archive for: paternity

Hillsborough County Clerk of the Court Cuts Hours

Legislative Update: Changes to Florida Statutes Section 63.062 – Persons required to consent to adoption; affidavit of nonpaternity; waiver of venue

Steps for Paying Florida Child Support Online – One Time Payments

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