Whatever the situation, divorce is never easy.
Family law issues have the potential to be highly contentious, and therefore it is completely normal to feel overwhelmed, especially as some fathers will immediately assume their spouse takes priority during the divorce process.
Under Florida family law, a father's rights are just as important when it comes to any children involved.
Decisions regarding family law matters are not always simple and can cause conflict, especially if you and your spouse do not agree on what your futures should be like after the divorce.
Therefore, it is important to secure legal representation in the form of a Miami divorce attorney.
Why Choose Miami Family Law Group, PLLC?
Here at Miami Family Law Group, PLLC, we are committed to protecting the rights of every father. We will always be transparent and endeavor to support you and your family by working efficiently and de-escalating conflict when it is needed.
Your Miami divorce attorney will draw upon an extensive professional support network to ensure that you have access to the expertise you need throughout divorce proceedings.
A family law divorce attorney will prove invaluable when making decisions, gathering evidence, and defending your rights as a father.
Of course, it is preferable to come to mutually agreed outcomes through mediation, saving you both time and money. However, if your case requires it, we are ready to fight for your rights in court.
Even the best intentions may not always work out in complex family law matters such as child custody and child support. Therefore, legal assistance is highly recommended during these challenging times.
Ultimately, here at Miami Family Law Group, PLLC, we want to help you move on with your life. Because family matters.
Call an experienced divorce attorney today at 305-916-4053 to schedule an initial meeting.
What Is Considered Grounds For Divorce?
Florida is a no-fault divorce state which means the divorce procedure can be quicker as there is no requirement for spouses to prove fault. Irreconcilable differences can be cited as grounds for divorce.
However, it may be necessary to file for an at-fault divorce. Under these circumstances, the filing spouse will have to provide evidence that the breakdown of the marriage is directly correlated to the other spouse's actions.
An at-fault divorce is more time-consuming than a no-fault divorce. However, it may be essential in order to have your voice heard by the Judge, as it could heavily impact their decision about certain aspects of your case, such as child custody.
Divorce in Miami, FL
As the name suggests, a contested divorce is when two spouses do not agree on every element of the divorce petition that has been served.
Due to the fact that each contested issue requires its own hearing, contested divorces are likely to take longer.
In these circumstances, representation from an experienced divorce attorney will be essential. Initially, your divorce attorney will aim to avoid court through mediation, but if this cannot be achieved, they will ensure that you have everything you need to ensure the best possible outcome in court.
In opposition to a contested divorce, an uncontested divorce is where both parties agree on all projected outcomes pertaining to the end of their marriage.
As the need for a judge is not required to make decisions, this type of divorce can be much quicker.
Children In Miami Divorce
The Best Interest Of The Child
Florida family law will always strive to maintain the best interests of any children involved in the divorce process. The court will ensure that the child is placed in an environment that supports their overall health and well-being.
If you are fighting for custody of your child you will need to prove to the court that you can provide a safe and loving space for your child.
Your Miami Divorce Attorney
Of course, it is important to consider the rights and wishes of both parents, but this is not the only thing the courts will consider following a divorce. A Judge must always look at the individual needs of the children.
This means it is likely that a judge will want to have access to a variety of evidence including testimonies from concerned parties, before they make any final decisions. This is where your Miami divorce attorney will prove invaluable; they can work with you to compile compelling evidence for the judge.
Above anything else, the child must have the resources and support provided to ensure their physical, emotional, and mental well-being can continue to develop and progress naturally and healthily after the divorce has been finalized.
Your Miami divorce lawyer will help you to establish an effective parenting plan which is in the best interests of the child. Obviously, this will be unique to each specific child and case.
Child And Spousal Safety
In Miami, Florida, the safety of any children involved in your divorce is of paramount importance. The court has authority to go back into details of your past when evaluating your ability to provide for a child.
If you have a history of violence or abuse, you may be considered unsafe to care for your child and thus forego your parental rights following a divorce.
If you are unsure where you stand with regard to child safety, contact one of our Miami divorce lawyers today.
We will be able to give you advice and also provide the resources required to defend or support any accusations, as we endeavor to work in the best interest of the child.
Child Custody
It is only natural that a parent would want to maintain full custody over their children after or during a divorce.
It is also important to remember that both mothers and fathers have rights when it comes to the custody of their children.
Sometimes, emotions can run high during a divorce, and things can get nasty. It is good to bear in mind that the whole experience can be very tough on your children. Disputes and confrontations during a divorce have the potential to traumatize both you and your child.
An experienced divorce attorney will help you to remain calm and focus on what is important; proving your capabilities as a parent to the judge.
Factors Affecting Custody
A court will always consider the following before they make any decisions regarding custody, visitation, and parenting plans:
- The children's age.
- The potential disruption that might be caused.
- Parental relationships with the children.
- Post-divorce plans for both parents.
- The ability of each parent to provide.
- The preferences of the child (depending on their age).
Child Support
Child support is a court requirement in which parents financially contribute towards their child's maintenance, education, and general upbringing costs when the parents are divorcing or no longer living with the child.
If you are the parent of a minor, you have the responsibility and moral duty to financially support your child.
In the majority of cases in which one parent has majority custody, the parent with non-majority will owe child support.
Most custody cases in Florida will involve one parent who is responsible for paying support. This may also arise in circumstances where one parent is earning a higher income than the other.
The best way to navigate child support is by seeking representation with a skilled and experienced divorce attorney from Miami Family Law Group, PLLC. We will support you in what is fair and reasonable when it comes to support payments.
How Is Child Support Calculated In Florida?
Florida courts determine child support by estimating how much money the parent would have spent on child maintenance if both parents remained together.
There are many questions that the courts will ask before they decide upon child support payments. These include:
- What is the income of both parents?
- How many minor children do the parents have together?
- What is the cost of the child's basic needs?
- What are the time-sharing responsibilities of both parents?
- What are the healthcare costs for the child over a designated period of time?
- What are the costs of a childcare provider?
Child support payments are not optional. When a court has ordered a parent to make child support payments, it is their legal duty to ensure these payments are made.
If there are special circumstances that means you cannot make your regular support payments, such as a loss of a job or serious injury, the court may allow a pause or even a reduction in payments for a specific amount of time.
But if you have the means to pay child support and you chose not, you may be held in contempt of court.
The penalties for willfully failing to pay child support may include the suspension of your driver's license, fines, withholding of income, bank account seizure, income tax refund seizure or even jail time.
Establishing Paternity In South Florida
The law naturally establishes the rights of the mother, which means that establishing paternity when you are not married can be difficult. Courts may establish the paternity of a woman's husband, who may be presumed to be the father. However, establishing paternity outside of the marriage could be a more complicated process.
Our dedicated paternity law team has over 30 years of experience when it comes to establishing paternity. We at Miami Family Law Group, PLLC believe it is important that children benefit from the involvement and support of having both parents in their lives.
Proving Paternity in Florida
There are many reasons why you may want to prove the biological paternity of a child. It may be the case that you wish to prove paternity before you begin paying child support. You may want to pursue a court order for legal custody or time-sharing. Or it may be that you have health or financial benefits, such as health insurance or inheritance, that you wish you to provide for your child.
Establishing Paternity In Florida
When a woman gives birth, Florida law will presume that the man she is married to at the time is the biological father. If you are not married, there are two options.
You and your partner can both agree to sign a legal agreement establishing the paternity of the father.
Or, if either party wishes to establish paternity and they do not have the cooperation of their partner, they can file an action to have the court name the alleged father as the legal father of the child.
Disproving Paternity In Florida
If you feel you have been falsely named as a child's father to claim child support, contact Miami Family Law Group, PLLC immediately to speak with one of our experienced Miami divorce lawyers. We will discuss the options for disproving paternity.
Contact a Miami Divorce Lawyer For Men Today
Here at Miami Family Law Group, PLLC, we understand that each case is unique. We strive to handle all aspects of your case with the dedication and compassion that it deserves.
We want to support you in finding peace of mind and a fresh start, whilst ensuring the best outcome possible for any children involved.
No father needs to be alone. It is important to remember that you have the right to contribute towards the decision-making of your children. Your case may not be straightforward, and it is likely that compromise and communication will be needed, but our divorce attorneys will ensure that your voice as a father is heard.
Call us today at Miami Family Law Group, PLLC at 305-916-4053 to schedule a strategy session for legal advice with a divorce attorney in Miami, FL.
