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Orlando Fathers' Rights Law Blog

Fathers do not have to lose custody of their children

Many fathers may be concerned about court bias toward the mother receiving full custody of the children in a divorce case. While there has historically been bias toward the mother, times are changing. Studies are showing more and more that having both parents in a child's life is beneficial, and the court's main concern in custody decisions is the well-being of the child. This means it is becoming increasingly common for fathers to win fair custody rights.

Nowadays, it is common for fathers to have equal custody of their children. In fact, it's even possible for a father to win sole custody of a child in some cases. If you are a father going through a divorce, do not despair that you will lose custody of your children. Here is what you should know about working for partial or sole custody.

The judge got it wrong. What can I do?

For a person going through a divorce or a child custody dispute, it can be frustrating to have the judge decide his or her future. It can be even more frustrating when you think the judge made the wrong decision.

If you think your judge got it wrong, you may be able to file an appeal. Your first step is to discuss your case with an appellate law attorney. Not all attorneys who practice in the area of family law handle appeals.

When planning for marriage, also plan for divorce

Many people spend months planning their marriage without giving much thought to what will happen if the marriage ends in divorce. Unfortunately, approximately 50 percent of marriages end in divorce. The percentage is higher for second marriages (67 percent) and third marriages (74 percent).

It's as important to plan for the possibility of divorce as it is to plan for marriage. Planning for divorce does not mean you think your marriage will fail. It simply means that you will be prepared if the worst happens.

Later-in-life marriages and marital property

Anyone getting married later in life in Florida should be aware of our state's equitable distribution laws. You may assume that the assets you bring to the marriage will remain yours if you later divorce, but that may not be the case. Depending on what you do the property during your marriage, your separate property can become marital property.

One example is if you refinance a house. Many mortgage companies require your spouse's name on the deed if you obtain a new loan. If you do that, you have just made a gift of half of the home to your spouse.

Change is coming to Florida parenting time

Update: On April 15 Governor Rick Scott vetoed the senate bill to change Florida's child-sharing and alimony laws.

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Parenting time for parents who divorce is set to change in Florida. The new law will include a presumption of equal time-sharing for parents with minor children. The change will be good news for Florida fathers who felt they were at a disadvantage when it came to spending time with their children.

The law was presented to Florida Governor Rick Scott by the Florida senate in early April. If signed, it will take effect October 1. The new law, Senate Bill 668, will have a sweeping effect not only on child custody and visitation (known as parental responsibility in Florida), but also on child support.

Dividing a business in a Florida divorce

If you own a business and divorce is in your future, now is a time when you need to how your business will be treated under Florida's equitable property distribution laws. Even if you owned the business before your marriage, a portion of it may be considered marital property.

Unless you have a prenuptial agreement, any business you start after your marriage date is marital property. It doesn't matter if the other spouse is not named as an owner of the business or was not involved in the business. Florida law still considers the business to be marital property. The non-owner spouse is entitled to an equitable share, which is typically 50 percent.

Establishing paternity in Florida

When a child is born, there are four ways to categorize the father. First, the child may be born to parents out of wedlock, but the biological father acknowledges his parentage. He is now known as the acknowledged father and is required to pay child support. Even if no one acknowledges that he is the father of a child, there are criteria under which a man may be presumed to fill this role.

A man may be a presumed father if he was married to the mother during conception or at birth. He may also be presumed to be the father if he attempted to marry the mother of the child before birth or married the mother after the birth. Finally, a man may be a child's presumed father if he invites the child into his home and proclaims the child to be his.

Florida rapper responds to support lawsuit

Rick Ross, a Miami-based rapper who was sued for additional support from his son's mother, filed papers on Dec. 18, responding to the original suit. The woman had asked for an increase in monthly child support from $2,800 to $20,000, in a suit filed earlier in 2015.

According to the documents, Ross claims that the woman had prevented him from developing and maintaining a relationship with his 10-year-old son, prohibiting the child from visiting his father, and using other actions to alienate the child from him. Additionally, Ross claims that the woman had made various false claims against him in further attempts to get more money from him, including a rumor that he had bought a mansion for $6 million in Georgia. Furthermore, the court documents filed by Ross also state that the woman had failed to seek employment in order to help support the child.

Masika Kalysha announces pregnancy

Florida residents who are fans of the television show 'Love and Hip Hop: Hollywood" may have heard about the pregnancy of star Masika Kalysha. She recently announced on her Instagram page that she was six months pregnant. Though Kalysha says that her child's father is rapper Fetty Wap, Wap reportedly wants a paternity test to confirm that the baby is his.

According to a TMZ report, Wap was not happy about Kalysha's pregnancy announcement and exchanged some heated texts over the issue with Kalysha. Wap reportedly told Kalysha that she should have terminated her pregnancy, and Kalysha responded that she was morally opposed to abortion. Kalysha told Wap that she believed abortion was murder, and Wap told her that it seemed she did not believe in birth control either.

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Nix Law, P.A. Orlando Family Law For Men

Nix Law, P.A.
496 Delaney Avenue
Suite 404
Orlando, FL 32801

Phone: 407-674-0849
Fax: 407-429-3890
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