Paternity Cases

Child Support and Custody in Paternity Cases: Your Rights and Options Explained

Child Support and Custody in Paternity Cases

As an experienced family law attorney in Florida, I understand that child support and custody issues can be some of the most challenging and emotional aspects of a family law case, especially in paternity cases. My firm is dedicated to providing comprehensive legal services to clients involved in these types of cases, ensuring that their rights and options are fully understood and protected throughout the legal process.

I believe every client deserves personalized attention and a tailored legal strategy that meets their unique needs and goals. Whether you are seeking to establish paternity, obtain child support, or secure custody rights, I am here to provide the guidance and advocacy you need to protect your rights and the best interests of your child.

If you face child support and custody issues in a paternity case, don’t hesitate to contact Griffin Family Law, PLLC, for a consultation. I am here to help you understand your rights and options and provide the legal representation you need to achieve a positive outcome for your family.

Establishing Paternity in Child Support and Custody Cases

Establishing paternity is a critical step in child support and custody cases, as it determines legal fatherhood and the associated rights and responsibilities. Paternity refers to the legal acknowledgment of a man as the father of a child.

How Paternity is Established in Florida

Paternity can be established through various means, such as genetic testing, acknowledgment of paternity, and court order. Genetic testing involves collecting DNA samples from the child and alleged father, which are then compared to determine biological paternity. Acknowledgment of paternity is a voluntary process in which an alleged father signs a legal document stating that he is the child’s father. It is also possible to obtain a court order to establish paternity through a legal proceeding.

It is essential to establish paternity in child support and custody cases because it establishes the legal rights and obligations of both parents. Once paternity is established, the father can be held responsible for paying child support and can also pursue custody or visitation rights.

Additionally, establishing paternity can provide children with access to certain benefits, such as Social Security, inheritance rights, and medical coverage.

Child Support in Florida

Child support is a critical aspect of many family law cases, including those involving paternity.
In Florida, child support refers to the financial support provided by one parent to the other for the benefit of their child. The purpose of child support is to ensure that the child’s needs, such as food, clothing, housing, and medical care, are met. Child support is typically calculated based on the income of both parents and the number of children involved.

The Florida Child Support Guidelines provide a formula for calculating child support payments. The formula takes considers the parent’s income, the number of children involved, and the amount of time each parent spends with the child. The formula also considers other factors, such as healthcare costs, childcare expenses, and the child’s age and special needs.
Once a child support order is established, it must be enforced to ensure that the non-custodial parent pays the required amount. In Florida, child support orders can be enforced through various means, such as wage garnishment, tax refund interception, suspension of driver’s license, and even jail time in extreme cases.

Child support orders can be modified if there has been a significant change in circumstances, such as a change in income or the child’s needs. Modification requests can be filed with the court, and the court will review the circumstances and determine if a modification is appropriate.

Child Custody in Florida

Custody issues are often one of the most contentious aspects of family law cases, particularly in paternity cases.

In Florida, custody refers to both physical custody and legal custody. The amount of time each parent spends with a child is physical custody, while legal custody is the parent who can make decisions related to the child’s life.

There are several types of custody arrangements in Florida, including sole, joint, and shared custody. If sole custody is awarded, it means that one parent has both physical and legal custody of the child. With joint custody, the parents share legal custody of the child, but one usually has primary physical custody. Shared custody means that both parents have roughly equal time with the child.

In determining custody, the court considers several factors, such as the child’s age and developmental needs, each parent’s ability to provide for the child’s physical and emotional needs, and the child’s relationship with each parent. The court’s primary focus is always the best interests of the child.

When custody disputes arise, there are several options for resolving them. Mediation is a popular option in Florida, where a neutral third party helps the parents reach a mutually agreeable custody arrangement. Negotiation, either directly between the parents or through their attorneys, is another option. If these methods fail, litigation may be necessary, where a judge will make the final determination.

Visitation in Florida

Visitation, also known as time-sharing in Florida, is a critical aspect of child custody and paternity cases.

Visitation refers to the time that the non-custodial parent spends with their child. Visitation can be agreed upon by the parents or ordered by the court. In Florida, visitation is known as time-sharing, and it is an important aspect of the child’s overall custody arrangement.

Visitation is essential for a child’s development as it allows the child to maintain a relationship with both parents. Visitation can also help reduce the child’s stress and anxiety associated with the separation of their parents. Studies have shown that children who have regular and meaningful visitation with both parents tend to fare better emotionally and academically than those who do not.

There are several options for establishing visitation arrangements in Florida. If the parents can agree on a visitation schedule, they can create a parenting plan that outlines the details of the visitation arrangement. If the parents cannot agree, the court will create a time-sharing plan that considers the best interests of the child.

In addition to the traditional visitation arrangement, parents can also consider alternative forms of visitation, such as virtual visitation, where the parent and child communicate through technology, and supervised visitation, where the visit is supervised by a neutral third party.

The Impact of Paternity on Child Custody and Support

Understanding your rights and options is crucial when involved in paternity cases that deal with child support and custody issues.

Both mothers and fathers have certain rights in Florida paternity cases. Mothers have the right to seek child support from the father, while fathers have the right to establish paternity and seek custody or visitation rights. Children have the right to receive financial support from both parents and have a meaningful relationship with both parents.

Options for seeking legal assistance in Florida paternity cases include hiring an attorney, seeking legal aid, and utilizing self-help resources. Hiring an experienced family law attorney, like Griffin Family Law, PLLC, can provide valuable guidance and advocacy in paternity cases involving child support and custody issues.

It is essential to understand your rights and options in Florida paternity cases, as they can have a significant impact on your life and the lives of your loved ones. Seeking legal guidance and representation can help ensure that your rights are protected and that you achieve the best possible outcome for your family.

We Can Help

SCHEDULE A FREE CONSULTATION – Call (904) 372-9708 or fill out the form to schedule your free initial consultation to learn more about how we can help and to discuss your options with an experienced lawyer.

Practice Areas