FLORIDA FATHERS RIGHTS
The laws of Florida provide both parents with the right to have a healthy relationship with their child. However, men have to fight zealously for their father’s rights in Florida. Failure to do so could mean that they will not have a relationship with their child and they will not be protected financially after a divorce or a separation. While it is true that father’s rights are increasing in Florida and around the country, the courts still lean towards the mother. This is why it is essential to have a father’s rights attorney on your side fighting for you through the process. Get the Florida fathers rights help and advice you deserve today!
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Florida family law statutes state that if a woman is not married by the time she delivers a child, the supposed father’s name should not be entered in the birth certificate of the child without a signed affidavit from both the mother and the presumed father. A biological father who is not married to the mother of his child has the right to file a claim of paternity, claiming that he is the father of the child. Forms to do so will need to be filed with the Florida Putative Father Registry. When filing this claim of paternity in Florida, the alleged father can state their wish to be informed of any adoption proceedings or dependency action. If the unmarried biological father fails to exercise these Florida fathers’ rights, they could lose their parental right to the child.
In case an unmarried mother has not taken any action to find out the paternity of their child, a man who believes that the child is his has the right to file a court order that will establish the child’s paternity through a paternity test. The paternity of the child must be determined by agreement of both parties, order of the court or operation of the law before the father can request their Florida fathers’ rights to custody. Getting a DNA test is a fast, simple, and relatively inexpensive way of proving that you are the father of a child.
Florida Father’s Rights to Time Sharing and Custody
Florida family laws do not favor either parent when establishing custody and time-sharing rights. At the beginning of a child custody case, both parents should have equal rights to custody and time-sharing. A parenting and custody plan will be formulated on the basis of what is in the child’s best interests. This can either happen through agreement of both of the parents, or by a court order dictated by the judge involved in the case. In most cases, both parents decide to work out an arrangement where custody, visitation, and all other issues dealing with the child are negotiated and written into a final custody judgment or parenting agreement.
Florida child custody laws dictate that both parents should be involved in taking care of the child and in making decisions that will affect the child. Psychologists believe that the best time-sharing and custody plan should involve both parents so that the child receives financial and emotional support from both their mother and their father. It is also best if both parents feel that they can participate actively in their child’s life. When this isn’t the case and cooperative parenting in a Florida child custody case is not possible, a judge will order one parent to have primary decision making authority. Our attorneys fight to get you joint custody so that both parents have decision making authority.
Florida Fathers Rights Help – Get Your Rights!
Dads who want to exercise their fathers’ rights in Florida should make arrangements to take their child to school or to pick them up from school. In case they will not be available, they can arrange for day care services. They should be willing to participate in their child’s life by knowing their teachers and their friends as well as taking part in their child’s school and extracurricular activities.
In order for the court to grant the father the parental rights he deserves, the father must be sure that he intends to put the well-being of his child before his own needs. A father who wants to keep his rights should therefore be willing to help with his child’s medical, educational and financial needs. They should also protect their child from the emotional stress that the divorce or child custody litigation process is likely to cause them. This is by ensuring that the child does not get access to litigation documents, as well as refraining from bad-mouthing the other parent in front of their child.
Can Father’s Make Decisions for the Children?
Fathers’ rights in Florida are protected by statute so that dad’s can have the ability to make decisions regarding their child’s upbringing. Florida family laws provide for the possibility of shared legal custody so that both parents can share mutual responsibility for decisions that deal with their child’s health, education or religion. This is the scenario that is best for the child, unless there is evidence that this cooperative parenting arrangement is not in the best interests of the child. Florida law has made it possible for fathers to have a significant role in the life of their child after a separation or a divorce. However, the father must be willing to fight for this right. If there is a disagreement on time-sharing and custody, the father must seek Florida fathers rights help from an experienced fathers rights attorney.
Father’s Rights on Child Support and Property Distribution
A father in Florida can fight for their rights on matters dealing with child support. The laws of Florida have been amended to take into account the amount of overnight visits that the child spends with both parents in calculating child support amounts. If a child spends more than twenty per cent of their overnights in a year with their father, the child support amounts should be modified to reflect this time. This will ensure that the father is left with enough income and assets after a divorce so that they can also meet their child’s needs whenever the child is in their care.
Florida law has also impacted property distribution orders. The law can decide if it is in the child’s best interests to maintain in the family home, and to award it to either parent. If both parents have joint custody and time-sharing rights, the father can ask to be awarded the marital home if he is in a better position financially and therefore is able to properly maintain this home for their children’s benefit after a divorce. Men should be aware of these important Florida fathers rights whenever they seek equitable property distribution after a divorce.
Florida fathers rights help can assist a man to get all the rights that they deserve as a father. Florida law has made it possible for a father to fight for their parental rights, and all they have to do is to take positive action in order to ensure that they get these rights.
Speaking with one of our experienced Florida Dad’s Rights lawyers will set you on the path to winning your custody or visitation case!
Additional Florida Information
"Children of Divorce Don’t have a Choice but They Do Have a Voice! | Curve Wire
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Are You Paying Too Much Child Support? |
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What Are My Rights As A Father? |
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We only support organizations who show an understanding that children need both parents, and that either parent is equally capable of the choice to perpetrate hate or declare peace. |
It's human nature to seek out a partner in life, and to possibly marry and have children. Unfortunately the matrimonial establishment, as we are all aware, is being methodically torn down by a demoralized society. Sadly the divorce rate is still on the rise and the foundation of marriage is being devalued and is crumbling. As adults we learn to adapt and move on when divorce attacks our lives but for children this is another story. They are the real victims of divorce and unfortunately they will suffer dearly from our selfishness and in most cases follow the same path of destruction if not worse.
ReplyDeleteAs a nation we have been granted certain civil rights by our constitution. Through the years it has been amended to better the lives of many Americans. The two most notable changes have come to Women in the 1920s and with African Americans in the 1960s. These rights were long overdue for both segments of our nation but thankfully we realized our mistakes and corrected them. This was not an easy journey for either of these crusades but through dedication and perseverance the bells of liberty rang loudly and victory was achieved.
Unfortunately we have reached yet another fork in the road and with that comes another challenge to the American people. "We've worked hard for women's rights, but we have to watch out that the pendulum doesn't swing the other way" says Ruthie J. of the Reach FM. Ironically the pendulum has already swung far to one side and this time the male gender is being demonized by erroneous and fraudulent information. Males are being portrayed as callus, uncaring, and without emotion. We are being taught that men represent 95% of abuse in this nation against women. These and many other false statistics are being recklessly strewn throughout society and none of it is true. Yes, women are being abused by men that is a fact. striking a woman is abhorrent to the highest degree and should be dealt with appropriately but men are abused at an equal rate and they are being ignored. According to a study by the Center for Disease Control men represent 38% of domestic violence related injuries. Compound that with the fact that only 0.9% of men report abuse verses 8.5% of women and I think we have a pretty equal degree of violence between partners.
The cornerstone of this "abuse" is VAWA the Violence Against Women Act. It was passed into law by Bill Clinton in 1994 and has been extended by every subsequent President. This law funnels Billions of dollars into discriminatory education and propaganda that violates men's civil rights. Many times DVIs or Domestic Violence Injunctions are used as a tool in divorce, child custody or just vengeance against a partner, most often against males. This is because the system of acquiring a DVI is simple and requires no evidence, witnesses or prior police reports. Just the word of an alleged victim making a claim of abuse. The repercussions of these orders are devastating and many times result in a violation, arrest and complete destruction of one's life. Even in cases when they are dismissed, a serious blemish remains on the falsely accused forever; how does that look to potential employers who almost always perform background checks prior to employment? This must be stopped and a better system of protecting all victims of domestic violence should be put in place.
I hope to help bring awareness to gender discrimination and help provide support for men who are abused. There are programs to help women of abuse but nothing for men. My website will provide more information on the facts, my personal experiences and the stories of those who have been victims of this heinous tactic of relationship vengeance. Men and women should truly have equal rights and currently the scales are unjustly tilted. Let's work together to end domestic violence and not vilify one gender as inherently abusive. "United we stand, divided we fall" A powerful statement that we must never forget.
Thank you,
Tom Lemons
Founder, www.falsedvireports.com
PRO SE RIGHTS:
ReplyDeleteSims v. Aherns, 271 SW 720 (1925) ~ "The practice of law is an occupation of common right."
Brotherhood of Trainmen v. Virginia ex rel. Virginia State Bar, 377 U.S. 1; v. Wainwright, 372 U.S. 335; Argersinger v. Hamlin, Sheriff 407 U.S. 425 ~ Litigants can be assisted by unlicensed laymen during judicial proceedings.
Conley v. Gibson, 355 U.S. 41 at 48 (1957) ~ "Following the simple guide of rule 8(f) that all pleadings shall be so construed as to do substantial justice"... "The federal rules reject the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision on the merits." The court also cited Rule 8(f) FRCP, which holds that all pleadings shall be construed to do substantial justice.
Davis v. Wechler, 263 U.S. 22, 24; Stromberb v. California, 283 U.S. 359; NAACP v. Alabama, 375 U.S. 449 ~ "The assertion of federal rights, when plainly and reasonably made, are not to be defeated under the name of local practice."
Elmore v. McCammon (1986) 640 F. Supp. 905 ~ "... the right to file a lawsuit pro se is one of the most important rights under the constitution and laws."
Federal Rules of Civil Procedures, Rule 17, 28 USCA "Next Friend" ~ A next friend is a person who represents someone who is unable to tend to his or her own interest.
Haines v. Kerner, 404 U.S. 519 (1972) ~ "Allegations such as those asserted by petitioner, however inartfully pleaded, are sufficient"... "which we hold to less stringent standards than formal pleadings drafted by lawyers."
Jenkins v. McKeithen, 395 U.S. 411, 421 (1959); Picking v. Pennsylvania R. Co., 151 Fed 2nd 240; Pucket v. Cox, 456 2nd 233 ~ Pro se pleadings are to be considered without regard to technicality; pro se litigants' pleadings are not to be held to the same high standards of perfection as lawyers.
Maty v. Grasselli Chemical Co., 303 U.S. 197 (1938) ~ "Pleadings are intended to serve as a means of arriving at fair and just settlements of controversies between litigants. They should not raise barriers which prevent the achievement of that end. Proper pleading is important, but its importance consists in its effectiveness as a means to accomplish the end of a just judgment."
NAACP v. Button, 371 U.S. 415); United Mineworkers of America v. Gibbs, 383 U.S. 715; and Johnson v. Avery, 89 S. Ct. 747 (1969) ~ Members of groups who are competent nonlawyers can assist other members of the group achieve the goals of the group in court without being charged with "unauthorized practice of law."
Picking v. Pennsylvania Railway, 151 F.2d. 240, Third Circuit Court of Appeals ~ The plaintiff's civil rights pleading was 150 pages and described by a federal judge as "inept". Nevertheless, it was held "Where a plaintiff pleads pro se in a suit for protection of civil rights, the Court should endeavor to construe Plaintiff's Pleadings without regard to technicalities."
Puckett v. Cox, 456 F. 2d 233 (1972) (6th Cir. USCA) ~ It was held that a pro se complaint requires a less stringent reading than one drafted by a lawyer per Justice Black in Conley v. Gibson (see case listed above, Pro Se Rights Section).
Roadway Express v. Pipe, 447 U.S. 752 at 757 (1982) ~ "Due to sloth, inattention or desire to seize tactical advantage, lawyers have long engaged in dilatory practices... the glacial pace of much litigation breeds frustration with the Federal Courts and ultimately, disrespect for the law."
Sherar v. Cullen, 481 F. 2d 946 (1973) ~ "There can be no sanction or penalty imposed upon one because of his exercise of Constitutional Rights."
Schware v. Board of Examiners, United State Reports 353 U.S. pages 238, 239. ~ "The practice of law cannot be licensed by any state/State."