Lakeland Family Lawyer

Well, the answer to the second part is in the title...they are "mandatory."  Mandatory disclosures are documents, mainly financial in nature, that must be disclosed to the opposing party in a family case.  The disclosure of these documents is required by the Florida Family Law Rules of Procedure.  It is an automatic disclosure, meaning the other party does not have to ask for you to disclose them.   These documents include all sorts of financial statements that show assets and debts.  The purpose is to show the financial status of both parties. In a divorce, the purpose of the disclosure is so that the distribution of assets and debts, child support, and alimony can be calculated.  In a modification case, again, the purpose would be to see the financial status of the parties so an accurate accounting can be made for calculation of child support and/or alimony.   By looking at these statements, an attorney can see if perhaps money is coming i...

I can’t tell you how many people come in for their consultation and have no idea what to ask me. This time is your opportunity to find out if I am the best person to represent you for this specific situation in your life. A life changing situation in your life! Take advantage! When you come in for your consultation, it is best to know what you need to ask the attorney. What are you there for? Is it a divorce case? Is it a paternity case? Has your ex threatened to not bring the kids home after their summer vacation? Think about the situation and formulate your questions to that situation. Consider your ultimate goal. Do you want advice in general, such as what is the divorce process in Florida, or do you need a specific task completed, such as she has taken the kids to Virginia against the parenting plan and I need some sort of motion to get them back right now. You should also think about your budget. Nothing is more important than your well-being, your family, and...

A family law case is before the Florida Supreme Court right now that is quite interesting.   The court must decide a dispute between a child’s legal father and her biological father. You see, in Florida , when a child is born of a marriage, the legal father is the man married to the mother.   The legal father, therefore, may not be the biological father.   Thus, the biological father may not have any rights to the child.   This presumption of legitimacy is based on the public policy of protecting the welfare of the child.   Prior to DNA testing, there was no scientific way of knowing biologically who the father was.   It was presumed that the husband was the father. This presumption protected the welfare of the child.   In cases of divorce, the child had protections of child support and health care. The law has not kept up with the science. As the law is currently, a legal father who is not a biological father would have to agree to rele...

You may very well be the biological father but does not mean you are the legal father or that you have any legal rights to your child.   It is important that if you are an unmarried father, you immediately establish your legal rights to your child.   In Florida, if a child is born out of wedlock, there is no presumption of fatherhood.   Paternity should be established first and foremost.   An establishment of paternity can be done in several ways: At the hospital, the “father” and mother when signing the birth certificate also sign an affidavit acknowledging paternity.   This affidavit is notarized and witnessed by 2 individuals.   If you only signed a birth certificate but did not sign this affidavit, you have not established paternity.   The “father” or mother files a petition for paternity through the court.   The parties then either stipulate to paternity or there is DNA testing that is conducted.   The Florida Department of ...