Petition for Paternity AND/OR Timesharing and Child Support
Determining Time Sharing (Formerly Child Custody)and Child Support in Central Florida Paternity Cases (where the parties never got married)
WHY FILE FOR A PETITION FOR PATERNITY AND/ OR TIMESHARING?
Orlando based family lawyer Heiko Moenckmeier practices in Deland, Deltona, Daytona, Cocoa, Melbourne, Seminole County, Sanford, Lake Mary, Winter Park, Orlando, Kissimmee, and Lake County Tavares. He has been doing Family Law since 2009 and has the experience to understand his clients needs while helping frame that around the Law. He offers affordable rates and payment plans to his clients and knows that money doesn’t grow on trees in this economy. He has done many contested paternity cases, contested time sharing, and child support cases and has the ability to guide you through this traumatic time.
Why file for a petition for paternity in Orlando, Volusia County, Seminole County, Osceola County or the surrounding areas?
The Paternity determination through the Circuit Court is the ONLY way to establish your legal rights to access your child and guarantee you time-sharing (formerly known as custody) with your child. It also establishes child support. The Paternity Petition will prevent the other party from withholding the child(ren) and prevent the other party from moving with the children more than 50 miles away, as soon as the paternity petition is filed and the other party is served. It is a legal instrument which can be enforced by the Courts and by the Police. It is an incredibly powerful document and action that empowers the parties. And yes, the parties can contract around it once the case is over, but must revert back to the document / agreement if there are any issues, or otherwise, petition the court for a modification of the Parenting Plan. There are many scenarios here, but paternity clients hire me to do these actions because of some traumatic event involving the other parent of their child, or they have been served with a Paternity Suit, or they would like to serve a Paternity Suit on the other Party. Maybe the parent has threatened to relocate with the child, or has already relocated with the child, or they are withholding the child. Other times, it is a smart parent planning for the future with the understanding that until they are legally the father through the circuit court, the other parent can just take the child away or refuse visitation. Often, the Department of Revenue has already deemed someone the Father/ Parent, and has ordered child support to be paid, but does not provide (nor imbue legal rights) for timesharing.
Florida paternity petitions in Orlando / Brevard / Volusia / Lake / Kissimmee Osceola are for people who are unmarried but produced a child or children and now are concerned about their legal rights, including time sharing, decision-making, monthly child support, support for extracurricular activities, and the like. This document that provides you with these rights and obligations is called a PARENTING PLAN. The Parenting Plan is the ultimate goal of a Petition for Paternity.
How is the Petition for Paternity, Time Sharing and Child Support different from a Department of Revenue Action?
- The Department of Revenue has already deemed me the parent and ordered me to pay support.
- The Department of Revenue’s child support figures typically run much higher than the determination made by the child support guidelines after timesharing is settled, thus it is extremely advantageous to establish paternity in the circuit court through the petition for paternity.
- The Department of Revenue also does not bestow time-sharing rights nor does it establish a Parenting Plan.
Petitions for timesharing and child support are the key to establishing legal rights and time-sharing of the child, plus the time-sharing subsequently determines the child support that the party has to pay. Often it is the estranged Father who seeks the Paternity Petition after a Department of Revenue found them to be the father, ordered child support, and now the mother is withholding the child. (It is specifically impermissible to withhold a child from the other parent because of child support, per the Florida Statutes, but let me tell you, that is definitely what happens.) For the record, the Mother is presumed the Natural Legal Guardian unless there are substantiated allegations of domestic violence involving the child. Timesharing is determined by the best interest of the child factors in Fla. Stat. 61.13, as well as the two parents’ actual work schedules. There are many opportunities for compromise within these factors, and that would Central Florida child support lawyer Heiko Moenckmeier has handled many complicated paternity, time sharing and child support cases and has the experience to guide you through this trying time. Please contact our office at 407.504.1384 to schedule your confidential consultation.
Orlando based family lawyer Heiko Moenckmeier practices in Deland, Deltona, Daytona, Cocoa, Melbourne, Seminole County, Sanford, Lake Mary, Winter Park, Orlando, Kissimmee, and Lake County Tavares. He has been doing Family Law since 2009 and has the experience to understand his clients needs while helping frame that around the Law. He offers affordable rates and payment plans to his clients and knows that money doesn’t grow on trees in this economy.