Marquez-Kelly Law

 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...

In simple terms, marriage is the union of two (2) adult people, usually a man and a woman, who promised themselves to be with each other for life bonded by a promise that they will hurdle the hardship in life together. It is not just a physical union but it also involved a spiritual and emotional bond. This union is the beginning of a lifelong commitment to make each other’s life happy and to provide a meaning for their lives. This commitment entails dedication to take good care of each other. It is a serious commitment that has the legal implication to the ownership and acquisition of the present and future properties of the couple, respectively. This union is the beginning of a lifelong commitment to making each other happy by creating a valuable moment in their lives. This commitment requires devotion to love one another to the end of their lives. However, with the advent of modern social standards, same-sex marriage was accepted by the community and the couples could b...

Under Florida law, guardianship pertains to the management of the affairs of someone unable to manage his or her affairs. Customarily, a court orders guardianship on behalf of someone who is called a "ward" of the court. A guardian then assumes the rights of the ward to make decisions about many aspects of the ward's everyday life. A guardian is obligated by ethical and statutory rules to make decisions in the ward's greatest interest. This involves the exercise of the legal rights of an incapacitated person, minor, voluntary wards, or developmentally disabled individuals. A guardian, therefore, is the surrogate decision-maker appointed by the court to make either personal and/or financial decisions afore-cited individuals. It can be an individual or institution, such as a bank, appointed by the court to guard over the person only, property only, or both person and property. A ward, on the other hand, is the subject of the guardianship. Florida law demands the cou...

The parents have the legal obligation to provide support to their children even if the parents are divorced because the well-being of the child is their utmost obligation.  The determination of the fair payment of money for the child support claim is in accordance with the Florida child support guidelines and the Florida Department of Revenue, on the other hand, supervises the Child Support Enforcement Program. The enforcement of the child support claim is basically imposed until the child’s 18th birthday, provided, the latter has already completed his high school education and not in any way incapacitated.  In the event that the non-custodial parent deliberately refuses to pay after the State has already taken the appropriate measures, the court may hold the defendant in contempt. In such a case, the non-custodial parent may suffer imprisonment until the child support amount is paid.  The court may also suspend the non-custodial parent’s Driver’s ...

Deciding to change child custody in Fort Myers? How often can you modify child support on Fort Myers, Florida? The court in Florida always favor for the stable living arrangement of a child. As much as possible modification of child custody is not supported unless, there is a major change in circumstances that will give the child the best interest for the modification. If you are considering to change or modify custody of your child it is best that you contact a  child custody attorney, Marquez-Kelly Law .  In order to  modify child custody both parents should agree on the modification. It is a unilateral decision. If parents don’t agree to the terms you have to ask your attorney and file a petition to reopen for the modification of child custody and need to state why you want a change in custody. There should be a substantial and major change in circumstances if you want your petition to be approved. The court always makes sure that it is for the child’s best int...

Any child support attorney can tell you that child support Fort Myers FL  payments are meant to respond to the expenses of raising a child or children. By law, both parents must provide for the child or children, but how do you come up with the calculations for  child support ? Going to Marquez-Kelly Family Law, a  child support attorney  can help you and your spouse in determining the right amount that should be given for child support. First, you must distinguish the majority parent and the non-majority parent. After that, the amount of child support to be given by the non-majority parent will be solved based on his or her income. What do we mean by “ income ” in terms of child support law? Income may include salary , wages , commissions , overtime payments , work bonuses , tips , business income , corporation or partnership income , compensation benefits and other possible sources of monetary income . Allowed deductions include health insurance fo...

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 ...