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.
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.
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.
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.
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.
Although the idea of eloping may seem romantic, there are many aspects of marriage that require careful, long-term planning. For couples that desire spontaneity, yet also want some financial protections, a prenuptial agreement may be the perfect solution.
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.
Couples going through a divorce in Florida should take heed of a recent rating. According to the author, Florida fares among the worst states in terms of the cost and time it takes to get a divorce.
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.
If you got divorced last year or battled with an ex over your kids, you are probably happy to put 2016 in the rearview mirror. However, you can struggle with many of the same problems in 2017 unless you resolve to address some difficult -- and common -- co-parenting challenges.