In a paternity unwed/unmarried parents case, two men both sought to be declared the father of a child. In J.A.I. v. B.R., the Florida Court of Appeal stated if a person signs a notarized voluntary acknowledgment of paternity, this acknowledgment creates a presumption of paternity that is rebuttable. When 60 days have elapsed after the signing ofContinue reading “Paternity Unwed/Unmarried Parents Attorney in Boynton Beach”
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Author Archives: Matthew Lane
Paternity, Unwed and Unmarried Parents, North Palm Beach, FL
In a paternity proceeding, a child born during an intact marriage is presumed to be the child of the man to whom the biological mother was married. In CG v. J.R. & J.R., the Florida Court of Appeal recently stated: “… [T]his is…a case wherein the biological mother- while married to her husband-became pregnant by another manContinue reading “Paternity, Unwed and Unmarried Parents, North Palm Beach, FL”
Paternity Tests in Florida
In a recent paternity case captioned L.G. v. Department of Children and Families, the legal father of a child appealed an order denying his Petition to Disestablish Paternity of a child. The legal father was not married to the child’s mother. However, the legal father acknowledged his paternity on the child’s birth certificate. The legal father filed aContinue reading “Paternity Tests in Florida”
Can A Father Require a Paternity Test?
In a paternity action, a father cannot require tnity-test.jpghe child to take a paternity test unless the father contests the fact that he is the father in his pleadings or in his testimony. In D.O.R. ex rel Corbitt v. Alletag, the father signed an affidavit of paternity. When the Department of Revenue filed an action for child support, the fatherContinue reading “Can A Father Require a Paternity Test?”
Florida Paternity Attorney – Boynton Beach, FL
In a paternity case and in a child support matter, a contempt of court order must contain findings that: (i) a prior order was entered, (ii) the payor failed to pay part or all of the support ordered, (iii) the contemnor had the present ability to pay support, and (iv) that the alleged contemnor willfully failed toContinue reading “Florida Paternity Attorney – Boynton Beach, FL”
Paternity Cases in West Palm Beach, Florida
In paternity unwed/unmarried parents cases, gifts from the paying party’s family members and gifts from the paying party’s boyfriends and girlfriend may be included in calculating the paying party’s income. In a recently decided case captioned Wood v. Wood, the father started working for a company owned by his girlfriend. In his financial affidavit the father listed hisContinue reading “Paternity Cases in West Palm Beach, Florida”
Paternity; Boynton Beach, Florida
Contested paternity proceedings may not be heard by hearing officers because they have no constitutional or statutory authorization to make recommendations regarding custody and visitation. In Department of Revenue o/b/o Moore v. Williams, the Florida Court of Appeal recently stated: “The Department of Revenue appeals a Final Judgment of Support which deviated from the child support guidelines byContinue reading “Paternity; Boynton Beach, Florida”
Modification of Child Support in Jupiter, FL
Modification of child support in Florida was recently explained in Arquette v. Rutter. In Arquette v. Rutter the Florida Court of Appeal stated: “This court recently explained the circumstances, under the UIFSA, in which a Florida court may modify a child support order issued in another state: [A]s is the case here, when not all of the partiesContinue reading “Modification of Child Support in Jupiter, FL”
Modification of Child Custody & Visitation in Jupiter, Florida
In a Modification of Child Custody & Visitation proceeding, Courts are required to keep in mind the fact that a parent has a constitutionally protected right to a meaningful relationship with his or her children and timesharing privileges should not be denied to either parent as long as the parent conducts himself or herself, whileContinue reading “Modification of Child Custody & Visitation in Jupiter, Florida”
Modification of Child Custody and Visitation
Modification of Child Custody and Visitation was recently discussed by the Florida Court of Appeal in a case captioned Ezra v. Ezra. In this case the father challenged the decision of the trial court granting the mother exclusive decision-making responsibility for the children’s medical and educational needs. In this case, the parents married in 2004. They had twoContinue reading “Modification of Child Custody and Visitation”
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