Can I file A Florida Paternity Action Before My Child is Born?

Sometimes the relationship between an unmarried mother and Father falls apart before the child is born. In such a case, either parent may be forced to turn to the Courts to determine paternity and child support. Which begs the question: Can a party file a paternity action before the child is even born?

The Mother

In Florida, the Statute is crystal clear on when a Mother may file an action in the Circuit Court to determine if who she believes is the Dad of her child is really the Dad of her child. A "Paternity Action" under CH. 742 Florida Statues may be filed by the Mother both before the Child is born (while pregant) and after the Child is born. Meaning, an expecting Mother may file an action against possible Dad at any time.

The Father

Florida is also crystal clear that a possible Dad may file an action in Court at any time after the child is born.

However, it is not clear whether Dad has the ability to file an action before the child is born.

First question: Uniform Child Custody Determination

First, the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) tells us we need to bring the action in the Child's Home State.

The UCCJEA defines "child" as an individual who has not reached 18 years of age. The UCCJEA only applies to a child or children. This is the act that sets out the home state jurisdiction for a Paternity action. The UCCJEA then seems to suggest that it cannot apply to an unborn child, unless an "individual" can be an unborn child.

Second Question: What does the Florida Paternity Statute Say?

The key word is "child" in the statute as well, and the statute does not address whether a fetus constitutes a child.

742.11 states affirmatively that a mother can bring an action when a child is in utero but it is silent as to whether a Dad can bring an action while in utero. However, the Statute explicitly states a Mother can bring an action while the child is in utero. Therefore, one would think Dad is barred until the child is born.

But this interpretation may very well raise constitutional concerns. Specifically, that the Statute violates the Equal protection clause of the US and Florida Constitutions. This argument is a fundamental fairness argument.

Accordingly, there is no clear cut answer. In an ideal world, the possible Father could just wait until the child is born and address the issue then. But what if Mom decides to leave and "go home" to another State where her family resides right before child birth. in that case, the Father may very well lose jurisdiction in Florida, and then would be forced to file in another foreign jurisdiction. In such a case, the Father may have been wise giving it a shot in Florida Court. The Father's worst case scenario would merely be a dismissal of the action.

However, if that fails and she does wish to flee the State, there is no harm in filing in your home State prior to the birth of the child. She may consent to the jurisdiction, or file a counter petition in Florida that would certainly clear up any jurisdictional issues. The worst that can happen is that the Court dismisses your case.

ABOUT THE AUTHOR: Chris Denmon

A Tampa, Florida Divorce and Family Law Attorney. AVVO rated "Excellent".

How to Reduce Alimony in Your Florida Divorce

Paying spousal support to your former spouse after marriage can be an emotionally and financially painful experience. And if a divorce is imminent, she will come at you asking for the kitchen sink. Below are some tactics and techniques that you can use to reduce alimony payments in your divorce case.

Act Smart Before Your Divorce

If Alimony is on the table, then you have likely been married for quite some time. And if you have been married for quite some time, you will likely discuss a pending divorce or separation with your spouse for months (or years) before actually filing.

So, be smart. Before even beginning a statutory analysis of alimony, a Florida Judge must assess the need and ability to pay of the parties. That means the Judge will be looking at your income first. When a divorce is on the horizon might not be the best time to double your hours at work, or work through the weekends if overtime is a possibility. Unfortunately, some men will do this in order to get out of the house, and the court will see an artificially inflated income amount for purposes of determining alimony.

This is not to say you should quit your job in anticipation of a divorce. Such behavior will anger the Judge and potentially put you in a situation where he or she may impute income accordingly.

On a related note: keep your spending reasonable when anticipating a divorce. One factor that the Courts look at when making an alimony determination is standard of living of the payee spouse. If you acquiesce to her spending $1K a month for personal grooming, you may have to pay later to keep her in this standard of living. Encourage thriftiness in a pending divorce. Both parties will appreciate the extra assets when they go their separate ways.

Not Settling is Riskier for Your Spouse Than for You

If you have not resolved your case prior to filing, then bet she will go for broke out of the gate. But as the parties settle into the litigation phase of the divorce, she will become more likely to settle. Why? Because if she truly is the "needy spouse", she will start by asking for what she wants, but very well may settle for only what she "needs". That is because Alimony in Florida is a wide open frontier, where Judges have great discretion with the amount of support they order. You may be angry and upset if you get whacked by the Judge and your spouse gets a great ward, but you won't be sent to the poorhouse. That's because an award that made it so you could not pay your bills would be reversible error.

The stakes are different for her, however. She needs some of the alimony she is requesting in order to pay her bills. She has more at stake if the Judge goes against her. Therefore, use her fear to your negotiating advantage.

If You have Assets, Negotiate with Them

Finally, in cases where the parties' have accumulated substantial assets, you would be wise to Negotiate with them. Remember, money is worth more today than it is tomorrow. Accordingly, use liquid assets as an incentive to your spouse to forgo or minimize alimony. An unequal distribution of the assets to your spouse could be enough.

Remember: The house, her investments, your investments, anything accrued during your marriage is both of yours. Just because the asset is not something you want does not mean you can't use it to effectuate a deal that eliminates or minimizes your alimony.

Above all else: Negotiate. No guidelines exist with minimum or maximum alimony payments. Use that to your advantage, and try to negotiate a reasonable resolution to your case that is alimony free.

ABOUT THE AUTHOR: Tampa Alimony Attorney

Christian is a Tampa Attorney who focuses his practice on domestic related litigation. He operates a boutique firm with his wife Nicole.

Rise in Single Mothers Creates Child Custody Issues

More than half of births to U.S. women under 30 are outside of marriage. This cultural shift has many implications for child custody issues. The number of single mothers in the United States has been on the rise for quite some time. In 1970, approximately 2.8 million single mothers had custody of their children. By 1995, this number had nearly tripled.

According to an article this week in The New York Times, this trend has not slowed down. “After steadily rising for five decades, the share of children born to unmarried women has crossed a threshold: More than half of births to U.S. women younger than 30 occur outside marriage.”

This trend among families can be explained by a combination of several cultural and societal factors including financial independence among women, the loss of the stigma of single motherhood, and the fallout from a high divorce rate among the parents of the under-30 demographic. Since many people grew up experiencing the divorce of their own parents, some are less likely to get married themselves.

Regardless of the reasoning behind this cultural shift, it is important to note that there are implications for child custody in PA and elsewhere across the country. Failure to take proper precautions can lead to child custody problems down the road for both unwed moms and dads. The PA child custody law is gender neutral, meaning that there is no presumption that the courts will award custody of a child to a particular parent based on gender. Rather, a PA court looks to an established list of factors to determine what child custody arrangement would be in the best interest of the child. Learn more about PA’s child custody law here.

When a child is born outside of marriage in PA, it is important for the father to establish his parental rights by establishing paternity. This way, if the relationship between the parents does not work out at some point in the future, the father will face fewer obstacles in a PA child custody action. Both mothers and fathers should always keep the best interests of their child in mind if child custody becomes an issue within their family.

ABOUT THE AUTHOR: Jason B. Martin, Esquire / The Martin Law Firm, P.C.

Jason Martin, Esq. is an experienced PA family law attorney who assists clients seeking divorce, child custody, child support, spousal support and alimony in Montgomery County, Bucks County, Chester County, Delaware County and Philadelphia County. Contact the Martin Law Firm for a no-obligation, confidential consultation.

Legal Reasons to Seek an Annulment

Marriage is essentially a legal contract; it states that one person is obligated to the other in certain ways and that specific legal actions must be taken to end the contract, or relationship. There are two ways to end the contract of marriage: divorce and annulment.

What is annulment? When a person wishes to void the contract of marriage without having the label of divorcee, they generally opt for an annulment of their marriage. In the state of California, the law allows for annulment of marriage for several reasons, including the following:

One party of the marriage was not of legal consenting age, 18, at the time of the marriage or domestic partnership.

A spouse or domestic partner is currently married to another person or in a registered domestic partnership with another person, sometimes referred to as bigamous by the family court.

A prior existing marriage or domestic partnership was still intact. This differs from bigamy in the sense that it is an existing marriage in which the former spouse or domestic partner was absent for at least five years and has been thought to be deceased.

Becoming married at a time when one or both parties were of unsound mind, such as after too many alcoholic beverages.

Fraudulent cases involving a person hiding an important aspect of the marriage may result in an invalidity of the marriage contract and give reason for annulment. This can occur in a case in which a person was unaware that their spouse is unable to have children or that they will be forced to take care of their spouse’s children that they didn’t know about until after the honeymoon.

If a person entered into the marriage or domestic partnership through actions of force, it may be considered invalid.

One party of the marriage was physically incapable of consummating the relationship and the incapacity appears to be incurable.

If you have entered into marriage or a domestic partnership in the state of California and wish to have your marriage annulled, do not wait to speak with a divorce lawyer right away. It is important that you understand your rights in this type of matter, as understanding the correct path to take could be the difference between annulling a legally invalid marriage and being labeled as a divorcee.

In order to annul your marriage or domestic partnership, you must be able to prove that at least one of these is true about your relationship. Your attorney will be able to help you reveal the truth about your relationship and if one of these legal reasons to obtain an annulment is present. Having your marriage annulled does not depend on the amount of time you have been married, and being able to show at least one of these even just days after the marriage can help you get out of this situation. To learn more about your rights during this matter, do not hesitate in contacting a divorce lawyer as soon as possible!

ABOUT THE AUTHOR: Mansouri Law Offices

The Mansouri Law Offices is a Los Angeles based family law firm that assists clients in all family law, divorce, and annulment related legal matters. They understand that nothing can be more frustrating than feeling stuck in a dismal situation, and they will do everything in their power to make sure that your rights are protected. Whether you were misguided into marriage or your rights have been clearly breached by another person as you seek annulment, this law firm is ready to help you today! Contact a Los Angeles divorce lawyer from their law offices today to schedule you free initial consultation.

How Facebook is Affecting Divorces

With the advent of social networking, the world has seen how this type of connection has affected almost every area of their lives. One area that many were not expecting, however, was the way that Facebook and other social media sites are starting to affect divorces.
Facebook and other social media sites are continuing to grow in influence in both the United States and abroad. Interestingly enough, these sites are not just affecting friendships or even jobs – they are also starting to affect marital lives. In fact, according to Forbes.com, a third of all divorces in England cited Facebook as a factor in their divorce – this included using the site to make negative remarks, to flirt with other people and even to sharing intimate details. Interestingly enough, social media has also begun to become prevalent in divorce courts as well and used by divorce lawyers.

In some cases, sites can be used to gain information that can be used against their ex-spouse when attempting to prove infidelity or even when attempting to paint the other party as unfit to parent. In other cases, even harmless pictures of one party taking a vacation could be used by the other side to prove a point regarding their finances – which could affect alimony, child support and other fiscal matters. In fact, according to a study released by the American Academy of Matrimonial Lawyers, eight out of every ten divorce attorneys have stated that they have found themselves involved in a divorce in which a social media site (such as Facebook, MySpace and Twitter) was involved. In many cases, these sites are used to gain evidence to help bolster an argument as it is often a cheaper alternative to hiring a personal investigator.

For this reason, divorce attorneys are becoming quick to caution their clients against being rash online. Some common advice includes deleting all photos that show themselves in compromising positions or even just partying – this is especially true for clients who find themselves in a custody battle. It is also recommended that parties adjust their privacy settings so that they can’t be tagged by friends in photos without permission. Finally, it is suggested that parties show restraint when online. Venting online can come back around – and unfortunately can become a prevalent issue in court. So it’s wise to never post anything online that one wouldn’t want to be read out loud in court when family law issues are on the line.

If you are currently facing the possibility of divorce or if you have already been served with papers, it is in your best interests to get the involvement of an experienced divorce attorney that you can trust to protect your best interests. With the inclusion of technology into our everyday lives, it is more important than ever to ensure that you have a lawyer on your side who will be able to fully protect your legal rights. No matter whether you have questions about how social media can affect your divorce proceeding or if you have other questions about what you are facing, it is in your best interests to get the involvement of a knowledgeable lawyer from a local firm.

ABOUT THE AUTHOR: Cantor Law Group
The Cantor Law Group was founded by attorney David Cantor and currently boasts a team that brings over 70 years of combined legal experience to the table. Focusing on family law, the firm stands as of the most trusted practices throughout the state of Arizona. No matter whether you are dealing with a straightforward uncontested divorce, if you are in a custody battle or even if you are dealing with property division, it is in your best interested to consult with a Phoenix family attorney from their firm as soon as possible. The sooner that you get them involved, the sooner that you can begin working to the resolution of your case.

Organizations Related to Family Law

American Academy of Matrimonial Lawyers
The American Academy of Matrimonial Lawyers mission: To encourage the study, improve the practice, elevate the standards and advance the cause of matrimonial law, to the end that the welfare of the family and society be protected.
International Academy of Collaborative Professionals (IACP)
The goal or purpose of collaborative law is to offer attorneys and their clients a structured, non-adversarial alternative to an adversarial system of dispute resolution. It guarantees consumers of legal services high quality, skilled legal counsel to assist in the evaluation and resolution of a problem, without litigation.
International Society of Family Law
The International Society of Family Law is an international scholarly organization dedicated to the study and discussion of family law. At present (July 2008) the Society has more than 630 members (scholars, lawyers, government officials, and other professionals) in at least 60 different countries around the world. English and French are the official languages of the Society.
Resolution, First for Family Law - UK
Resolution, which was formerly known as the Solicitors Family Law Association (SFLA), is an organisation of 5000 lawyers who believe in a constructive, non-confrontational approach to family law matters. Resolution also campaigns for improvements to the family justice system. Resolution supports the development of family lawyers through its national and regional training programmes, through publications and good practice guides and through its accreditation scheme. Resolution also trains and accredits mediators and is the only body providing training and support for collaborative lawyers in England and Wales.

Family Law - International

ABA - International Family Law Committee
The jurisdiction of the International Family Law Committee includes those family law matters that transcend national borders, including issues involving international child abduction, enforcement of child support and maintenance orders across borders, intercountry adoption, marriage and divorce issues and related immigration matters that may arise when individuals from different countries marry, and issues affecting incapacitated adults and the administration of their assets. The Committee in particular focuses on the development or enforcement of multilateral conventions governing these family law questions. The Committee includes practitioners working in the field of international family law as well and academics and policy makers interested in this emerging area of practice.
EISIL - International Section on Family Law
This section covers issues arising from family relations, such as marriage and divorce, child abduction, and maintenance obligations in a cross-border context.
Family Law - AIRE Center
The AIRE Centre brings you an exciting opportunity to keep abreast and updated with information and litigation in family law and the European Convention on Human Rights.
Transnational and Comparative Family Law - Harmonization and Implementation
"Transnational" (or "transactional") law is becoming a frequent phenomenon in the practice of law and now occupies a prominent place in the study of international and comparative law. Both academic and practitioner-oriented information sources point to ways to locate and connect national laws with treaties and regimes of harmonization; however, commercial and procedural rules have been, in general, easier to locate than substantive and harmonized law in the family law area. This guide points researchers to significant electronic and print sources in transnational and comparative family law.

Family Law - USFamily Law - US

ABA - Section of Family Law
The Section of Family Law has over 10,000 lawyer, associate and law student members across the country and worldwide. Our members are dedicated to serving the field of family law in areas such as adoption, divorce, custody, military law, alternative families, and elder law.
Administration for Children and Families (ACF)
The Administration for Children and Families (ACF) is a federal agency funding state, territory, local, and tribal organizations to provide family assistance (welfare), child support, child care, Head Start, child welfare, and other programs relating to children and families.
Child Welfare Information Gateway
Child Welfare Information Gateway provides access to information and resources to help protect children and strengthen families. A service of the Children's Bureau, Administration for Children and Families, U.S. Department of Health and Human Services.
Family Law
Here you will find various material on the legal aspects of Marriage, Divorce, Children, etc... split into a number of overlapping categories.
Family Law - Definition
Family law is an area of the law that deals with family-related issues and domestic relations including, but not limited to: the nature of marriage, civil unions, and domestic partnerships; issues arising during marriage, including spousal abuse, legitimacy, adoption, surrogacy, child abuse, and child abduction; the termination of the relationship and ancillary matters including divorce, annulment, property settlements, alimony, and parental responsibility orders (in the United States, child custody and visitation, child support awards).
Family Law - State Statutes
State statutes regarding all family law legislation such as marital and domestic relations as well as children.
Family Law Organization - Family Law Code by State
At Family Law Organization we have established a valuable Family Law resource for both attorneys and parents alike.
Uniting American Families Act
Under the U.S. Immigration and Nationality Act, U.S. citizens and legal permanent residents may sponsor their spouses (and other immediate family members) for immigration purposes. But same-sex partners of U.S. citizens and permanent residents are not considered "spouses" and their partners cannot sponsor them for family-based immigration. . The Uniting American Families Act (formerly the Permanent Partners Immigration Act) would help to remedy this injustice.
US Department of Health and Human Services - Families
This page contains information to help you improve your health, the health of your loved ones, and to assist those who need help with daily life. All of the topics open-up to display many links to helpful information.

What is Family Law?

This area covers the laws related to, and regarding families. This includes the establishment of family and domestic relationships, the rules for creating a union - be it domestic partnerships, civil unions, or marriage, as well as their termination or dissolution, and the ensuing issues related to this, such as alimony, child support, property division, custody and the like.

When one thinks of family court, marriage, divorce, adoption, domestic abuse, child abuse and other related topics generally come to mind. All of these issues, and more, are addressed in family law.

Family law is ruled largely by statute, but common law precedent plays an important role, as well, and these rules and laws vary from state to state. Although family court is the most well know judiciary body for this area of law, other courts and administrative bodies share jurisdiction as well. Many of the courts offer access to self-help services and legal forms for individuals to proceed without an attorney, but complications can easily arise and retaining an attorney is most often the wiser decision.

Family Law Definition

Family law covers rules for living together, prenuptial agreements, marriage, divorce, alimony, and mediation, along with the laws on domestic violence, child support, child custody and visitation, adoption, same-sex marriage, elder care, and senior law. Laws governing these areas vary from state to state. Family law courts hear cases involving these areas. Many of the courts offer access to self-help services and legal forms for individuals to proceed without an attorney. Visit Us at Google+ Copyright HG.org