In family law Florida, when a man and wife are married and the wife is seeking a divorce, the court will take into consideration the father’s rights. Specifically, if the woman has children, she will be seeking the courts’ assistance to help her achieve the best custody arrangement for the children. However, when the situation is more of a joint child custody situation then both parents will make an application to the court. The court will listen to the parties and then make a decision that is in the best interest of the children.
In most cases, the court will grant joint legal and physical custody of the children. If the parents are unable to agree on who will get custody, then they will both file for a divorce. A divorce can be contested if there have been problems with either of the spouses in regards to child custody issues. This is often times difficult for fathers because they feel their rights have been violated.
If you are a father and you feel your children have been neglected, you may have some father’s rights to file a suit against the other parent. You can do this in family court or in the state court. Before you go into court you should speak with an attorney. An attorney will help you understand your father’s rights and how to best present them to the court.
If the mother wants a divorce, she must follow certain guidelines and wait until after the father has had time to recover from his divorce. This may mean that she can file for a temporary custody order during the recovery period. Once the father has had time to recover, the judge will make a decision about full custody of the children. A mother can petition for child custody during the recovery period, but if she seeks it later, the father may counter-petition.
If the father and mother are not married, they are considered “undetectable” and neither parent has any rights or responsibilities towards the other parent. Once a father is divorced, he is considered to be the father of all the children regardless of whether he was married to the mother when the divorce was finalized. The father may contest the divorce and he has the right to retain custody of his children. If the divorce is uncontested, the father has no legal responsibilities towards the children. In many cases, the father may be awarded joint custody or primary custody. In a divorce case where joint custody is awarded, the father has more visitation rights than the mother.
Child support laws vary greatly by state. They also vary depending on whether the father was a stay-at-home parent or not. Some of the final decisions regarding child support are made by the court. On the whole, the father has the obligation to pay child support but he is not required to pay it unless he is ordered by the court to do so.
Fathers in a child custody dispute may file for legal help. Attorneys are available who specialize in divorce and custody issues. They can guide fathers through the legal proceedings and represent them in court. The attorney will help the father obtain the best possible court arrangements for his children. He can advise the father about possible modifications that may benefit him financially and /or physically. He can also counsel him on how to get his child custody rights restored.
A father who is seeking custody rights must have a legal strategy in mind. Even if he is not seeking full custody, he must devise an action plan that will benefit him financially and/or physically. If a father does not hire an attorney, he may find himself in legal trouble. If you are having a divorce or going through a custody dispute, it is good to consult with an experienced divorce and custody lawyer in Florida.