Protecting Mother’s Rights in Child Custody and Support Actions
The demands on a mother after a divorce or separation are significant. Often working one or two jobs, working to retain decent childcare, and fighting for the best possible child support and custody arrangements can be a formidable challenge. The path forward can seem daunting. At TK Law, we work hard to provide mothers with the options and solutions that they need to protect themselves and their children.
It is important to know, both mothers and fathers have legal rights regarding their children. Even when two parents seemingly agree to do what is best for their children, there can be times where disputes arise concerning parenting plans, spousal support and paternity that must be dealt with legally.
Speak with an experienced Florida family attorney at our firm today.
Call 855-Kramer-Now (855-572-6376).
The first step in protecting your rights as a mother
With so much at stake, make sure you work with a Florida family law firm that is collectively committed to protecting a mother’s rights.
The attorneys at TK Law are such attorneys, and we deeply understand the importance of maintaining a strong mother-child relationship. We can protect your rights and help you resolve any issues you are facing, including:
- Interference with custody and visitation (parenting time)
- Parental Alienation]
- Child support
- Birthing Expenses
- Modifications to support and custody orders
- Spousal support
- Paternity disputes
- Violation of orders and Contempt
- Relocation
- Domestic violence and spousal or child abuse
Contact us if your rights as a mother are at risk – call 855-Kramer-Now (855-572-6376) – or if you simply need an experienced lawyer’s insight on Florida law regarding mothers’ rights.
We can help you make a plan that will protect you and ensure that the best interests of your children are served. Our firm is here for you now and will be here for you and your family for years to come.
Custody, Visitation, and Timesharing Right in Florida
You may have heard it before, “Mother’s always get custody of the children.” However, that saying is not always true. Historically, Florida courts have been in favor of “shared parenting” or “shared decision making.” We see cases with shared decision making and equal timesharing when both parents are of sound mind and capable of putting a child’s need ahead of their own. In addition, they have to want to be involved in their child’s lives in a meaningful way. Oftentimes, that means considering the other parent’s ideas and maintaining a co-parenting relationship. Courts encourage the parties to put the past behind them and look to the needs of the children. Sometimes it is not an easy thing to do – especially, when the other parent wants nothing to do with you or your ideas.
On July 1, 2023, Florida law changed in a significant way. Florida law modified Florida Statute 61.13 to create a rebuttable presumption that equal timesharing between both parents is in the best interest of the child at issue. This places the burden on the person seeking more than 50 percent of timesharing to prove, by a preponderance of the evidence, that equal timesharing is not in the best interest of the minor child. THIS DOES NOT MEAN that both parents will always walk out of Court with equal timesharing. It only means that both parents are presumed to be capable of acting in the minor child’s best interest.
Sometimes, in high conflict custody and visitation disputes, you need the skills of an experienced litigator to alert the Court of potential alienating behaviors. Sometimes, you need to bring in the skills of a mental health expert to diagnose the other party with a mental illness like narcissism. You may need to enlist a team of professionals to assist you in coming up with a plan that will protect you and your child. If you have questions about parenting coordinators, parenting plan preparation, mental health, or substance abuse evaluations, please ask one of our experienced Florida attorneys.
Contempt and Enforcement Actions in Florida
Even after an order is entered awarding shared parenting or timesharing, emotions and conflict can still play a part in the aftermath of these orders. As time goes by and circumstances change, the other parent may disregard the court orders or find ways to obstruct your legal rights. The worst thing you can do is to do nothing. The saying is, “if you give an inch, they will take a mile.” When dealing with parenting disputes, it is important to your case and to your children to enforce your rights and to do so quickly.
Our attorneys will help you resolve these complicated issues, as well as represent you in contempt and enforcement matters including enforcement of child support.
Unmarried / Single Mother’s Rights in a Paternity Action
An unmarried mother has different courses of action to consider.
As a single mother, you have the right to establish paternity on behalf of the child. If you choose to file a paternity action against the biological father, the will establish legal and biological paternity through consent or through DNA or blood testing. Filing for paternity is oftentimes the first step towards securing child support and contributions towards your children’s expenses and care. Contact TK Law if you need help in securing child support and establishing a parenting plan.
Unmarried mothers need to consider that by establishing paternity, they may be ordered to share parental responsibility with the father, and the father is able to take legal actions in order to exercise his rights as the father.
The danger of proceeding on your own normally lies in the things that you do not think of that may come up in the months or years down the road. With the serious legal issues that surround paternity cases, you will be well-served to seek experienced legal counsel.
Mothers’ Rights to Child Support in Florida
Are you a working mother? A stay-at-home mom? Perhaps you are self-employed. These and other scenarios bring many different elements into child support and even custody cases.
While Florida adheres to child support guidelines and calculations, it is also based on truthful reporting of income by both parents. If you suspect your spouse has lied on his financial disclosure, there are strong actions we can take to remedy this.
We can help you understand how Florida’s child support laws apply to your situation and how the court may view your case. We can ensure that your mothers’ rights and your children’s best interests are fully protected through child support payments that are fair and just.
Remember, a biological father without legal paternity has no obligation to pay child support. If you are an unmarried mother of a minor child, you will not be able to collect child support from the father without legally establishing fatherhood.
Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376).
Mothers’ Rights in Domestic Violence
If you, your children or individuals in your home are victims of or are being threatened by domestic violence, contact our law firm immediately. We will take swift legal action to protect your family’s safety through injunctions (restraining orders) and if necessary, the Court may limit time-sharing, order supervised visitation, or under some extreme circumstances may pursue termination of parental rights of the abusive spouse.
A mother’s rights, including paternity rights, are deeply connected with other areas of law. Establishing paternity, or disestablishing paternity (declaring that someone is not the child’s father) can cause a ripple effect on families, their divorce settlements, estates, property, custody, visitation, child support and spousal support. While this may be your first or only time dealing with these issues, be assured that the attorneys at TK Law can provide you with full-service representation now and in the future, with the one-on-one attention you need from a team of professionals focused on protecting you and your rights.