Whenever possible, Florida courts give custody of children to the children’s legal mother and legal father. Custody is defined as physical residence with a parent or other legal guardian and decision-making power related to the children’s education, medical care, and other important life events. Usually, the legal mother and legal father are the child’s biological…
Continue reading ›According to Florida law, if a woman is married at the time that she gives birth, her husband automatically becomes the legal father, even if neither spouse claims that the husband is or could be the biological father of the child. (This most often happens when the mother is separated from her husband, but they…
Continue reading ›Except where adoption is involved, many people think of genetic relationships as the most important thing that links parents and children. In Florida’s family law system, that is not always the case. It is entirely possible for a man to claim paternity and to be named as the child’s legal father without DNA testing. If…
Continue reading ›One of the criticisms most frequently leveled at family court systems in the United States is that they treat fathers as walking checkbooks, imposing heavy child support obligations on them and invading their privacy to ensure that they pay those obligations, meanwhile doing little to support their efforts to have a meaningful relationship with their…
Continue reading ›Florida’s tradition of family law acknowledges that there is more than one way to be a father. The child’s biological father is not necessarily the child’s legal father. In fact, when establishing paternity, the courts do not always order DNA paternity tests. Sometimes a Voluntary Acknowledgement of Paternity is all you need. Things get more…
Continue reading ›In recent decades, Florida courts have shown more appreciation for the important role of fathers in their children’s lives. For example, the idea of a mother having “primary custody” of the children while the father only has “visitation” is mostly a thing of the past. Today, parenting plans contain a lot more detail and nuance…
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