Did you know that unmarried fathers in the State of Florida are not immediately given the same rights to their child as a married father? Under the law in Florida, unmarried fathers do not have rights to their child without a court order. This is true even where the father is listed on the birth certificate. This is even true where a father has been placed on child support by the Department of Revenue or Child Support Enforcement.

Child Custody and Timesharing Law for Unwed Fathers

If you have fathered a child outside of wedlock, in order to get your rights to your child, you have to petition the court for them. In Florida, if you have not yet been placed on child support, then a Petition to Determine Paternity and for Related Relief will have to be filed with the Clerk of Court for the appropriate county. If you have already been placed on child support, but not given your rights (as frequently happens), then a Petition to Establish Timesharing and Shared Parental Responsibility must be filed. Ultimately, the goal is to have paternity established in a court of law and get your parental rights and time with your child. Whether or not the child resides primarily with you or with the child’s mother, is up to the judge. In making that decision, there are a number of factors contained within Section 61.13 of the Florida Statutes that the judge has to consider. In Florida, we no longer have “child custody” and “visitation.” Those concepts have been replaced by the concept of “timesharing.” If the child does not reside primarily with you, you will still have “timesharing” with the child set out by a schedule. With a court-ordered schedule for timesharing, the other party can no longer withhold the child from you. If they do, then they risk being found in contempt of court.

Shared Parental Responsibility

Regardless of whether the child lives primarily with you or with the other party, except under very limited circumstances, you should each be considered equal parents and be awarded “shared parental responsibility.” With shared parental responsibility, each party has an equal say as to the important parenting decisions of the child. Decisions involving important areas such as religion, education, and healthcare should be discussed between the parents and made together. Just because the child does not live primarily with you, you should not be considered any less of a parent. Furthermore, you should have access to all of your child’s medical and educational records and be placed on all emergency contact lists. The mother will also have to abide by a parental relocation consent if she wishes to move, as well as keep you informed as to your child’s location at all times. This includes names of who the child is with, the address the child may be at, and a contact number.

Once the court has entered an order establishing you as the parent, providing you with timesharing and providing you with shared parental responsibility, you will have obtained your rights as they pertain to your child. Under current child support laws, this often leads to a reduction in your child support as well since you will be supporting the child during the times that he or she is with you.

Should you have any questions or wish to discuss any of these matters with an experienced and knowledgeable family law attorney, contact us online or give us a call at (904) 355-2700. At Makofka & Makofka, Family Attorneys at Law, we gladly assist fathers in northeast Florida in Duval, St. Johns, Nassau, Clay, and Baker Counties.

The post Unmarried Fathers Rights Florida – Timesharing appeared first on Experienced Jacksonville Lawyers.

In Florida, there are few occasions where failure to meet a court-ordered obligation is actually punishable by contempt. Failure to pay court-ordered child support is one of those obligations however that is punishable by contempt. That means that if a parent is ordered to pay child support by a court of law, and they fail to meet their obligation, the judge may hold them in contempt of court. If a parent is obligated to pay a certain amount of child support per month, it is presumed by law that the parent has the financial ability to pay that amount of child support that had been previously ordered. If that presumption is not rebutted, the judge may likely hold that parent in contempt. If a parent with a child support obligation, or “obligor,” is found to be in contempt of court, the judge may order that parent to pay a certain amount of money towards their child support within a certain time frame or they might put that parent in jail.

Child Support Obligations in Florida

Frequently, how this works is the judge will order the obligor to pay a certain support amount by a certain time. This amount is called a “purge.” For example, if the obligee is $10,000.00 behind in their child support obligation, the judge may order them to pay $2,000.00 within 7 days in an effort to get them caught up in their child support. If the $2,000.00 is not paid within the 7 days, the judge just might send that parent to jail until the amount is paid. In this example, the $2,000.00 would be the purge amount. Someone is said to have “purged themselves of the contempt” by paying the full amount required. In an effort to get the obligor current in their support, the court will often require that additional monthly payments be made on top of the regular child support amount as well.

As attorneys representing individuals who are owed child support, we always request that the parent in contempt of court reimburse our clients for their attorneys’ fees and costs. It is not their fault that the other party is behind in their child support. These attorneys fees are meant to cover the expense of having to go through the contempt process in the first place.

If you have any questions about child support or feel that you need help in this area or any other area of family law, divorce, or paternity, don’t hesitate to contact us today. Makofka & Makofka, Attorneys at Law. Serving northeast Florida. Duval, St. Johns, Clay, Nassau, and Baker Counties. (904)355-2700.

The post What if I Fail to Pay Child Support appeared first on Experienced Jacksonville Lawyers.

Child custody modifications

In all family law cases where children are involved, the standard that the judge applies in decision-making is in the best interest of the child. As such, child custody orders can be modified through the court system when a modification is in the best interest of the child.

In Florida, child custody can be modified for the following reasons:

• If the child is in immediate danger by staying in one of the households
• Relocation of one parent
• The death of one parent
• If one parent fails to uphold the visitation schedule

Child support modifications

In Florida, as elsewhere, all minor children under the age of 18 are entitled to receive financial support from both parents. The payment of child support is mandatory and failure to provide support can have serious legal consequences.

Florida statutes dictate the amount of support that is payable, based on the amount of income of the payee parent and the number of children who will receive support. These statutory amounts can be adjusted somewhat—courts can increase or decrease the statutory amount by 5%—based on the consideration of additional factors, including but not limited to the age of the children, special needs or circumstances of the children, and the payee parent’s ability to pay the standard amount.

Because life circumstances and needs of children can change, child support orders can be modified. The original child support order must be formally modified through the courts to be enforceable. Child support modifications can be either temporary or permanent.

For a child support modification to be granted, you must show that there has been a significant change in circumstances that warrants an adjustment of the monthly amount. While there are many reasons to seek a child support modification, common examples include:

• Remarriage
• Relocation
• Change in employment status
• Disability
• Medical expenses

Custody and support modifications for Florida families

If you are interested in finding out more about how Makofka & Makofka can help you modify an existing custody or support order, contact us today at 904-355-2700 for your free initial consultation. From our Jacksonville office, we proudly provide a variety of family law services to the residents of Duval, St. Johns, Clay, and Nassau counties.

The post Reasons to Request Child Custody or Child Support Modifications in Florida appeared first on Experienced Jacksonville Lawyers.