Articles Tagged with visitation

An adult holding their child's handThere are several ways that child custody can be arranged in a divorce. When both parents want to be actively involved in the child’s life, shared custody and joint custody will be considered. They may sound like the same thing, but there are some important differences to be aware of. Be sure to work with an experienced divorce lawyer in Jacksonville to help you determine the best arrangement for you and your child.

What is Shared Custody?

In shared custody, both parents have shared legal physical rights to their child. Both parents receive approximately the same amount of time caring for the child in their separate homes. Generally, this works out best when both parents agree to a set schedule. If that’s not attainable, the judge will determine which parent has primary custody. He may also arrange a set visitation schedule.

a father and toddler daughter holding hands on the beachNavigating child custody, visitation and child support is complicated and can be emotionally trying. Unmarried fathers may feel frustrated that they don’t have the same rights as other parents. Dealing with this difficult subject is much easier if you know your paternal visitation rights in Florida. Contacting a family law expert in Jacksonville can help. Here are some important facts that you should be aware of.

Do I need to establish paternity in Florida?

Married fathers are automatically considered the biological father of any children born during the marriage. If you’re an unmarried father who is not named on the birth certificate, you’re known as a putative father. You may petition to have your name added to the birth certificate, but you will also have to establish your paternity. You do not have any rights to your child until it is proven to the court that you are the biological father.

refuses to pay child supportDealing with a former spouse who is not paying their court-ordered share of child support can be an unfortunate hassle. Left with this financial and emotional burden, you may feel like you’ve made every attempt to collect but just aren’t getting anywhere. You may even be at the point where you’re asking yourself, “is withholding visitation an option?”

The answer to that question is no. You cannot refuse visitation if your ex is not paying child support. While you may be able to have your ex-spouse’s visitation rights modified in court, withholding visitation rights is considered custodial interference. Child support and visitation rights are two separate issues that should not be confused.

  • Child support is determined in court, and must follow the guidelines of the Child Support Enforcement Act. These guidelines vary from state to state. The factors that are looked at include the child’s needs (health care, education, child care, etc.), the income and needs of the custodial parent, the paying parent’s income and the child’s standard of living before the divorce or separation.
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