Florida Fathers Rights Legal Questions

Dear Mr. Wolfe:    From your history it appears that you did everything correctly to establish paternity and a parenting plan/timesharing.  If Cheryl is not abiding by the court ordered timesharing and parenting plan then you must file a Motion to Compel/Motion for Contempt, and bring this matter before the court for enforcement.  It is very important that you keep a written log of each and every time that you are unable to exercise timesharing, when she does not consult with you in making joint parental decisions, and when Cheryl otherwise hampers your ability to exercise the rights you were afforded by the Court.     Although you do not state what your timesharing schedule is, it is possible that, if Cheryl continues to disregard the Court's order, that you could  ask the Court for more time with the child.  This is a long process, so it is critical that you keep track of the missed timesharing, etc., and asks the Court for relief.  I should note that to do so you would have to file a Supplemental Petition for Modification.  Section 61.13 Fla. Stat. looks at  a number of factors  for changing or make up timesharingLSO: (b) When a parent refuses to honor the other parent’s rights under the time-sharing schedule, the parent whose time-sharing rights were violated shall continue to pay any ordered child support or alimony. It also states that: (c) When a parent refuses to honor the time-sharing schedule in the parenting plan without proper cause, the court:1. Shall, after calculating the amount of time-sharing improperly denied, award the parent denied time a sufficient amount of extra time-sharing to compensate for the time-sharing missed, and such time-sharing shall be ordered as expeditiously as possible in a manner consistent with the best interests of the child and scheduled in a manner that is convenient for the parent deprived of time-sharing. In ordering any makeup time-sharing, the court shall schedule such time-sharing in a manner that is consistent with the best interests of the child or children and that is convenient for the nonoffending parent and at the expense of the noncompliant            I hope this gives you some help and guidance. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova,  P.A. Broward/Boca Raton 954-316-3496/561-962-2785 ... Read Answer

Mr. Dilmore:   The answer is found in Florida Statute 382.013(3), which states: "(3) NAME OF CHILD.— (a) If the mother is married at the time of birth, the mother and father whose names are entered on the birth certificate shall select the given names and surname of the child if both parents have custody of the child, otherwise the parent who has custody shall select the child’s name. (b) If the mother and father whose names are entered on the birth certificate disagree on the surname of the child and both parents have custody of the child, the surname selected by the father and the surname selected by the mother shall both be entered on the birth certificate, separated by a hyphen, with the selected names entered in alphabetical order. If the parents disagree on the selection of a given name, the given name may not be entered on the certificate until a joint agreement that lists the agreed upon given name and is notarized by both parents is submitted to the department, or until a given name is selected by a court. (c) If the mother is not married at the time of birth, the parent who will have custody of the child shall select the child’s given name and surname. (d) If multiple names of the child exceed the space provided on the face of the birth certificate they shall be listed on the back of the certificate. Names listed on the back of the certificate shall be part of the official record.   So, from the facts you wrote, it appears that there was a "disagreement" as to  the child's surname.  Accordingly, you should bring this up to the court (by pleading to have the child's surname changed pursuatn to this statute) and ask the Judge to change it in your final judgment of divorce.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785  ... Read Answer

  This is a complicated issue.  You would have to make a particular allegation (count) in the divorce petition to disestablish paternity.  However, courts will not always allow this, even if the children are not yours, depending on their ages and what relationship you have establsihed with them and whether someone else will "stand in your shoes."  (i.e.: the biological father)   In your petition ask for the paternity test, allege all the facts as to why you want it- as specifically as possible- and then  ask for a hearing on this issue before the judge by filing a separate Motion for Paternity test.  Again, this is very basic, and the facts of your case will more determine  whether the court will grant this.   Best of luck. Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785 ... Read Answer

  Mr. Adams:      So if you were granted "full custody"  in 2016, then parernity must have already been established.  I am not sure what a "paternity case letter" is and how you received it.  If it is a modification action, you have to be served by a sheriff or process server.  If it is a Motion on something existing it can be sent to you by mail.  But you would have to be more specific as to what the document says.      Perhaps she is trying to modify the prior court order so she has time with your son?  If so, she has a big burden of showing that there has been some unanticipated change in circumstances since the court's prior ruling,   and that the change will, ultimately, be in your son's best interest.  It's a big burden on her.   You might benefit  from a consultation with an attorney to explain why you are to go to court, and then you can take it from there.  Just because she filed something does not mean she is going to get the relief she requests.  Your son's best interest is paramount, and I am sure you have been a good father to him.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785 info@vovalaw.com        ... Read Answer

Dear Anonymous:       An attorney is held to a standard to uphold the law, and as such, they are to counsel their clients accordingly.  So, an attorney should not instruct a client to violate a court order, and if there are allegations (which, of course must be proven) that a child is in danger when with another parent as per the court order, the attorney should request an emergency hearing and then let the judge decide.        I hope this helps.   Best regards, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward: 954-316-3496 Boca Raton: 561-962-2785  ... Read Answer

If there is no court order in place, you have every right as a father to see your kids. If there is a parenting plan in place, she would need to offer you the "right of first refusal" which means that you as the father have the first choice to supervise the kids if she is not available or out of town. Would need more information to answer your questions. Thanks Chris Ragano Esq.... Read Answer

Dear Mr. Allen:     Since the boys' mother is deceased, your wife can do a stepparent adoption.  Once the adoption is completed, there is a form you file with the state to amend the children's birth certificates to have your wife's name inserted.        It is a realtively easy process and if you have an attorney assist you, it will be even easier.   Best of luck to you,   Cindy Vova Law offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785 ... Read Answer

    To secure your parental rights you need to file a Petition to Determine Paternity and Esstablish a Parenting Plan.  There are Florida  forms available on line to assist you with this process.  Be advised, however, that the court will also determine a child support obligation while establishing paternity and creating a timesharing plan.      It is very important that you do establish paternity because, even if you are on the birth certificate, you need a court order to actually adjudicate that you are the father of this child.  Then you will be able to also establish your rights as a father.    Although you can do this without an attorney, I would suggest that you, at the very least, consult with a lawyer before filing.   There is a reason lawyers have to go through 7 years of total school and take (and pass) bar exams in their states before giving advice.  So, at least talking to any attorney could help you navigate this process easier.   Good luck, Cindy S. Vova Law Offices of Cindy s. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785  ... Read Answer

The facts of the matter depend on the court orders. Please review any documents you have regarding the visitation and custody, if there are any. We can certainly try to help you evaluate your options. Feel free to give us a call or text for a free consultation. Thank You. Toll-Free 1-877-866-8665 Ahsan Syed, Case Manager... Read Answer