A Paternity Action is how rights and obligations are established for children born out of wedlock. While filed under its own statute (Chapter 742), once paternity has been established the same criteria for establishing a Parenting Plan and Child Support (Chapter 61) apply as are used in a dissolution of marriage action. There are some unique aspects in paternity that make it very important to have someone experienced in these cases who can help you, including whether the father or same sex co-parent has effectively established legal rights to a parenting plan.
Merely consenting to be named on a child’s birth certificate does not automatically give a father or same sex co-parent the right to demand time-sharing or to share in parental responsibility. The non-birth parent must make a proactive effort to seek a Parenting Plan through the court, and until they do may find themselves with financial responsibility (particularly if so adjudicated through a Department of Revenue (DOR) or Administrative Support action), but with limited rights otherwise.
The professionals at Heskin Martinez Law Group have the experience necessary to help you through this tough time so that you can focus on other things. Our team has to experience resolving cases not just by traditional litigation, but through the use of mediation and alternative dispute resolution. This experience saves you both time and money and ensures wherever possible that you and co-parent maintain as much control over the outcome as possible. While most cases are ultimately resolved amicably, we are also prepared to bring your case to trial and have a unique collective of attorneys who run the gamut of experience in court. We now also offer family law appeals work on a case by case basis.
The Process
Either you or your co-parent will begin the process by filing a Petition for Paternity, along with other pleadings related to the issues in your particular case. When you hire Heskin Martinez Law Group we will prepare the necessary pleadings that are appropriate for your case. However, this is your life and your child; thus, your assistance and input will be necessary. We strive to keep the lines of communication open so that you are informed of each step, and we have a team of professionals who remain engaged and of service to your case from its outset to conclusion. Ultimately, you must be an active and engaged part of that team.
Once a case is filed by either party, a sheriff or process server will serve the responding party. If you were not the one that filed you will be the one served and will then have 20 days to file an Answer and (if desired) a Counter-Petition to present whatever issues you want to be addressed to the Court. If a served parent fails to respond to a petition, then they will be found in “default” and deemed to have admitted to whatever the petition has asked for.
The next and most important step is Mandatory Disclosure, which is due from both parties within 45 days of service. This is important in paternity cases because child support cannot be waived. It is an entitlement that belongs to the child. There are certain situations where deviations might be permitted, but that requires the necessary first step of demonstrating to the Court what child support should be.
You also cannot offer a parent to pay no support in exchange for them having no time-sharing since that sort of arrangement is contrary to the public policy of the state of Florida and thus will not be approved by the Court.
In certain situations, mandatory disclosure might be either extended or waived all together; however, at the minimum a Financial Affidavit will need to be completed by each party and, even if not filed with the court, will have to be executed and exchanged.
Once the parties have exchanged Mandatory Disclosure, the attorney can either schedule mediation or determine what other discovery is necessary to resolve your case (as well as what is financially appropriate to your situation) and proceed accordingly.
Standing Administrative Orders
In most counties, there is a Standing Administrative Order entered at the beginning of the case. These orders typically provide that there is an obligation to pay child support and that there is an expectation of maintaining the “status quo” to the greatest extent financially possible.
Parties are also admonished against withholding contact between a co-parent and any shared children. In the state of Florida, both parties have equal rights and shared parenting and 50/50 time-sharing is encouraged from the very beginning (though these presumptions can be rebutted, and there is no specific allocation to the schedule dictated by law). Failure to follow the guidelines of the Standing Temporary Order can have an adverse impact on the final resolution of your case; thus, it is imperative that you get the correct advice and guidance at the beginning.
The attorneys at Heskin Martinez Law Group get actively involved in guiding you to avoid any unintended adverse consequences as a result of choices made at the beginning of the process, since the last thing you want is to make a mistake out of anger or misinformation that will adversely influence the Court when it makes its final rulings.
Prior Child Support Cases
If you have already been to court for a child support case, either a) with the assistance of the Florida Department of Revenue (DOR), as is typical for families who have had a Title IV entitlement; b) as the result of an Administrative Support Order; or, c) because of a temporary relief order entered by a Dependency or Domestic Violence judge, then you must disclose that to both the Court and your attorney at the beginning, as there will be additional considerations that must be addressed because of those earlier orders.
Be prepared, as well, to provide a copy of whatever orders you have to the Paternity Court, so that the Judge is aware of what has been already addressed and/or what qualifies for modification.
Questions about Paternity Actions? Call us at 407-403-5990 or contact us (below) to schedule your appointment.
