My daughter has 2 children with her partner of about 10 years and they currently live together, but are wanting to split. They disagree on custody (both immediately and in the long run). He has threatened in the past to leave the state with kids. What are first steps in working out an amicable custody and parent sharing agreement? We live in the same town and are willing to provider her and kids with place to live because at the time she cannot afford to get a place on her own. Thank you for your timely advice.
Dear Ms. Gibbs:
First, if the parties have not established paternity through a Court judgment, then dad has no technical legal rights. So, if he left the state he could be required to return immediately. However, since the primary concern should be the best interest of the children, the parties would have to work out a parenting plan that would cover most aspects of timesharing, dividing holidays, schools, etc. A form for a parenting plan can be found at https://www.flcourts.org/content/download/686031/file_pdf/995a.pdf.
If the parties can work through this, then there also has to be a determination of child support. There are many on-line free calculators to assist. They may not be 100% accurate(and it also depends if the information included is accurate to start) but it will likely come pretty close.
If all this is amicably resolved, then a Petition for Paternity would have to be filed with the Court (there are forms for that as well), all of the agreements fwould also have to be filed, and a final hearing held. If the parties can be civil about all this, they might be able to go to a mediator and get everything straightened out without adversity.
Hope this helps.
Best of luck,
Cindy S. Vova
LAW OFFICES OF CINDY S. VOVA, P.A.
Broward/Boca Raton/Miami-Dade
954-316-3496/561-962-2785
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