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Family Law Archives

Understanding the "best interests of the child"

One of the most widely used terms in Florida divorces involving minor children is the "best interests of the child." Courts use this broad, and not altogether specific, term to decide custody disputes, determine how much child support should be paid and other questions about the post-divorce status of the children. Any couple with minor children who may be contemplating a divorce should be familiar with the basic concepts that govern the best interests of the child.

Proving paternity in Florida

In Florida, a child born to a man and woman who are married is conclusively believed to be the biological child of the man. Unfortunately, children who are born to women who are not married may not have a clear idea of the identity of their father. Without a determination of paternity, such children may live in poverty with their mother because the unknown father cannot be ordered to pay child support. In order to close this gap in the family welfare net, the state has established judicial procedures for determining the identity of a child's father.

Understanding Florida law on prenuptial agreements

In 2007, the Florida legislature passed the Uniform Premarital Agreement Act. The statute specifies the requirements necessary for a valid prenuptial agreement and provides guidance as to the subjects that can be included. While many people see a prenuptial agreement as antithetical to the concept of a loving marriage, a properly drafted agreement can reduce the anxiety of one or both spouses about financial matters and division of property from a prior marriage.

Disestablishing paternity in Florida

To most Floridians, the word "paternity" means a legal proceeding to determine whether a male is the biological father of a particular minor child. However, the same biological tests that are used to establish paternity can also be used to disestablish paternity, that is, that a male who has been ordered to pay child support is not the biological father of the child in question.

How do judges in Florida resolve child custody disputes?

Most judges in Florida encourage divorcing couples to work out agreements on emotional issues such as child support and child custody. Unfortunately, some couples are unable to reach an agreement, and the dispute must be decided by the court. Understanding the factors that judges in Florida use in deciding child custody disputes can often help such couples set aside their differences and come to an agreement without going to court.

Don't let uncertain paternity take away your parental rights

Many individuals may go through their entire lives without any issues regarding the identities of their children. However, you may find yourself in a situation where paternity does come into question, and if you hope to gain rights as a father, you may find the establishing of paternity of particular interest.

Divorce, retirement and QDROs

Dissolving a marriage is never an easy or simple process. Because of this, divorces tend to demand immediate attention, which can make it hard to find the time to thoroughly consider the impact it could have on your future. However, some planning now could make life significantly easier down the road.

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