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Showing posts with the label paternity lawyer

How can Divorced Couples Handle the Rights of Custody in Cape Coral, FL?

Marriage is a sacred and legal union of a man and woman to establish their family.  Married  life is the most satisfying engagement  a  couple  may experience. To sustain the  marriage is  difficult due to the failure of the couple to settle their differences.    The worse resolution to end the burden of an unhappy marriage is to file a divorce. This court action has the sole purpose of ending the legal and religious obligations of the spouses. To effect, the properties of the couple that includes both the real and personal properties will rightfully be divided.    The above undertaking has the worst legal and paternal effects on the custody of the children. Florida law always protects the rights of the spouses but foremost the rights of the children.    Legal and beneficial remedies may be invoked by the parties during the legal custody case but the court will surely decide to the best interest of the childre...

Who has custody of a child if there is no court order in Fort Myers, Florida?

The custody of a child depends on the status of the parents, whether they are married or not. In the state of Florida, it is assumed that at the birth of a child, if the mother is married, then the father of the child is the husband even without  court order paternity acknowledgement . This means that if the parents are married and there is no court order for the custody of the child, then the parents both have the equal rights for the custody of the child.  However, if the married couple cannot agree on where the child will live, they may file for divorce or a custody action to get a court order on the custody. And if the parents of the child are divorced, custody of the child should be stated in the divorce order. The most recent court order on custody is the one that should be followed.  In the event that the parents are not married,   paternity   can be established as soon as the child is born in the hospital. Paternity or  court order pat...

How will we know if the Father of a child is legally established in Florida?

 A father is a person who is married/not married to a woman who then conceived and delivered a child. The father has rights to decide about his child’s welfare especially if he is both the biological and the legal Father. When it comes to legal implications regarding support of the child, legal paternity must be established. To be a legal father is far more than being the biological father of the child. A legal father can be established by marriage, adoption, legitimization or court order. As it should be that the biological father and the legal father are one and the same, there are many cases that the legal father is not the biological father of the child. A man can be a legal father regardless of who the biological father is when he decides to marry a woman before he gives birth. Same as if he marries a woman after the birth of the child, he can establish his legal paternity by processing a legitimization paper for the child. Once a paternity is established it i...

The Importance of Paternity Acknowledgement in Cape Coral, Florida

What is the importance of paternity acknowledgement under the laws of the Sunshine State? Possibly one of the most important - if not the most important – reason why  legal paternity  must be established is financial consideration.  Establishing paternity means a mother can receive child support for any offspring out of the union with the known father.  Paternity Fort Myers FL  lawyers would agree that this is essential before you can even file for support. In addition, the father must now include the child in his the personal health insurance and other governmental support.   Besides support, there is also the concept of inheritance. Being recognized, the child can have a legal claim to inherit the father’s estate, if  legal   paternity  is established. Not processing this can result to denial of opportunities for the child. Besides financial considerations and the matter on inheritance, establishing the fraternity paves the way for ...