In today’s world, more and more people are raising children as a family who are not married. In this situation, in Florida, the paternity laws apply and not the laws of divorce. In any paternity case in Florida it is important that you and your attorney have a clear understanding of the paternity law. For example, in a paternity case the lower earning individual cannot seek alimony or equitable distribution. Florida does not have common law marriage. Unless you are married, you have no chance of receiving anything other than child support and attorney’s fees. Therefore, although you may be together for 20 years and raising six children, the Judge cannot and will not order alimony or equitable distribution based upon the simple fact that you are NOT married. If you want alimony or equitable distribution you must prove to the court, you are married.

So, what can we do for you?
The first thing we can help you do in a paternity matter is establish paternity. If the father or the mother do not agree to the identity of the father the Judge can order DNA testing. Once DNA testing results are received the Judge should enter an order establishing paternity. Once paternity is established we can help you establish a timesharing schedule, shared parental responsibility and child support.

There are situations where the State of Florida has sued a father for child support. Typically, the State sues for child support and has no part in establishing timesharing between the parents. If you are parent paying child support and you want to see your child, we can help you establish court ordered time with your child. On the other hand, if a parent appears to present a danger to the child due to drugs and alcohol, we can help you establish a timesharing and parenting plan where your child is safe and protected.

As you can see, paternity cases in Florida can be complicated.

At Schantz & Schantz, we are here to help you understand paternity law and help you resolve your paternity case. Feel free to give us a call at 954-385-1536.

Weston and Coral Springs, Florida Paternity Attorneys

Need to Establish Paternity? Call (954) 385-1536 Today.

Our firm has helped many people in the Broward County area to obtain definitive answers in paternity cases. As experienced Weston and Coral Springs family law attorneys, we provide a clear and rational approach to your legal problem as well as the skill that is necessary to navigate through the court procedures required for paternity determination. For 35 years, Hale Schantz and Laura Schantz have been helping people throughout Broward County.

Paternity actions involve several laws which are very different than the laws of Florida divorce. Paternity cases and Divorce cases deal with child support or/and timesharing. What is  very different in Florida is a father has no rights until such time as paternity has been established. In almost all of the paternity cases our firm has handled, no doubt exists as to the identity of the father. That said, if paternity is in question the court can order DNA testing.

Do you need assistance in determining paternity? Let our family law attorneys help you. Call (954) 385-1536!

When is a Paternity Petition Important?

A paternity action arises when parties, who were never legally married to each other, need to determine the father of the child. Either the mother or the father of the child may file the Petition to Establish Paternity of a child. In Florida, a father has absolutely no rights until Paternity has been established pursuant to Florida Statute.

Once paternity is established, the court will make decisions on the issues of:

• Child timesharing
• Child support
• Shared or Sole parental responsibility

If the parties are able to reach an agreement with respect to the resolution of these issues, they then execute an agreement establishing Paternity and a Parenting Plan. These Paternity Agreements are submitted to the court for the judge’s signature. If the parties are unable to reach an agreement, the court will resolve the parties’ differences at a trial within the Judgment of Paternity.

One of the best steps you can take to preserve your emotional and financial future when facing a paternity related legal issue is to consult with an experienced law attorney. Most of our clients feel empowered or at least better informed of their legal options after their initial consultation. At the Law Offices of Schantz and Schantz, Family Law Firm, we aggressively fight for our client’s rights in matters of paternity, timesharing (visitation), and child support.