Sarasota Paternity Lawyer
Nontraditional families still need traditional legal help.
A generation ago, unwed mothers and, to a lesser extent, unwed fathers were subject to public shaming. Today, out-of-wedlock births are common. The social perception has changed significantly, but the emotional and financial needs these families must deal with have not changed. These issues are discussed in more detail below.
The American family has evolved over the years, but the methods of the Sarasota paternity lawyers at Carman, Bevington & Finegan, P.A. have not changed. We still thoroughly evaluate your case and determine your legal options. Then, quite simply, we plan our work and work our plan. The end result of this plan is usually a long-lasting, cost-effective solution that creates a strong emotional and financial structure for your family, both now and in years to come.
Emotional Issues
Like most other jurisdictions, the Sunshine State has a co-parenting law. This law presumes that children benefit when they spend meaningful and consistent amounts of time with both parents. That is obviously not true in all cases, but this presumption is very strong.
In co-parenting arrangements, children do not “live” with one parent and “visit” the other one. Instead, the law expects both parents to assume active roles in their children’s lives.
Nevertheless, a paternity or other family law order must designate a primary residential parent who has the power to make important decisions, such as the child’s residence. Some factors to consider include the following:
- Child’s Wishes: Florida doesn’t have an age cutoff. A judge may consider the preference of a 7-year-old or disregard the preference of a 16-year-old, mostly based on the child’s maturity. Furthermore, experienced family law judges can easily determine if a mother or father has coached a child.
- Parent’s Wishes: Typically, parents express their preference indirectly. Many parents, even good ones, prioritize other things, such as working, above spending time with their children. Usually, these parents, while good parents, are not good primary residential parents.
- Status Quo: Generally, parents do not partner with a Sarasota paternity lawyer immediately after they have a child together. The informal separation period usually lasts months or years. If the current scheme is working, even if it is flawed, most judges hesitate to change it drastically.
Paternity orders in Sarasota County sometimes contain special provisions, such as a termination of parental rights or a stepparent adoption.
Involuntary termination is available in extreme cases, such as abandonment or incarceration. Voluntary termination is a little more common. In both situations, the judge will only grant a termination order if it is in the best interests of the child.
Stepparent adoption and voluntary termination proceedings often go hand in hand. The stepparent adoption process is greatly streamlined in Florida.
Financial Issues
All parents, whether married or unmarried, are financially responsible for their children. A child support order, an integral part of a paternity order, translates this general principle into a specific monthly obligation.
Florida, like most other jurisdictions, is an income-share state. The child support guidelines, which are presumptively reasonable, take many factors into account, such as:
- Proportional income of the parents,
- Parenting time division,
- Child’s special needs, and
- Unreimbursed medical expenses.
Financial issues, like emotional issues, change frequently. The court will modify emotional or financial provisions if relevant circumstances have permanently, materially, and unexpectedly changed. Relocations are the most common emotional modifications. Income-based changes are the most common financial modifications.
Work With a Compassionate Sarasota County Paternity Attorney
Divorce and family law matters involve emotional and financial issues. For a confidential consultation with an experienced paternity lawyer in Sarasota, contact Carman, Bevington & Finegan, P.A. The sooner you reach out to us, the sooner we start working for you.