Do Step-parents Have the Authority to Make Legal Decisions for a Stepchild?

Divorce is especially hard on children because they rarely understand the reasons behind the decision, and only perceive the practical consequence that their parents do not live together anymore. Disputes over child custody and parental responsibility can particularly complicate things. While the child may struggle to adapt to this disruption in daily life, welcoming a new adult into the home if a parent decides to remarry can be equally challenging. Despite the common and unflattering depiction of step-parents in movies and books, many step-parent/step-child relationships and are healthy and productive and do not include the abusive, overbearing bearing behavior step-parents are sometimes charged with using. From a legal standpoint, a step-parent has no authority to provide consent to medical treatment, enroll a child in school, or make any other routine decision without approval from the legally-recognized parents. This lack of authority can cause problems if the child’s parent becomes ill or is otherwise unable to fulfill his/her parental duties. Informal and formal legal arrangements exist that can bridge the gap between a desire by the step-parent to become more involved in a child’s life and the limitations of the law.

Piecemeal Written Authorizations

The easiest and least expensive method of granting authorization to a step-parent for a step-child is a written letter from a parent or legal guardian that specifically gives the step-parent the power to make decisions. While the simplicity of this arrangement can make it appealing, it does require preplanning, and does not really take into account emergency situations. It is impractical to carry a letter of authorization around constantly, and while no medical facility would deny a child treatment for a serious condition because a parent is not present, non-emergency medical care cannot occur without consent from an adult with parental rights.

Step-Parent Adoption

Step-parent adoption is a permanent solution to the lack of authority, but does involve the investment of money and time. Step-parent adoption is only available if the person is legally married to one of the child’s parents. If a married couple wants to initiate a step-parent adoption, they must file a petition in court. Florida does not permit a child to have three legal parents, so the only way to complete a step-parent adoption for a child with two living parents is through the termination of one parent’s rights via consent or court order. Sometimes the consent of a parent is unnecessary. For example, if the parent deserted the child, previously lost his/her parental rights, or is ruled incompetent, consent is not required. Because of the gravity of the rights being granted and the concurrent seriousness of the loss of rights by a parent, the law wants to be sure all interested parties know about an adoption petition. Consequently, the legislature created a database for potential fathers of unwed mothers, called the Putative Father Registry. When a man registers his name on the database, he becomes entitled to notice about any impending adoption. Thus, checking this list is necessary if the biological father is out of the picture, but may have known about the woman’s pregnancy.

Despite the legal requirements, step-parent adoptions are easier and faster than conventional adoptions, and can be completed in one day if both parents consent. This legal option ensures the step-parent removes all obstacles to caring for a child, and may be the right choice for families looking to fully integrate.

Contact a Family Law Attorney

If you are a step-parent wishing to have more of a say in a child’s life, talk to a family law attorney about your legal options. A family law attorney can look at the dynamics of your family and guide you toward a choice that makes the most sense. Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

by Lynette Silon-Laguna Google+

Paternity – Child Support and Timesharing

Parenting brings many pleasures as well as responsibilities. When parents are married to each other when the child is born, paternity is not typically an issue. However, when a baby is born to unmarried parents, paternity is not definite until it is established legally. If both parents agree, they can sign a form called a voluntary acknowledgment of paternity. This form, once properly completed and notarized, must be submitted to the court. If parents are not able to agree as to this solution, either parent may take the matter to court to establish paternity.

Establishing Paternity

The mother, alleged father, a legal representative, or the Florida Department of Child Support Services may start the legal process of establishing paternity. The process begins by filling out and filing a petition to determine paternity. When a case is started the court will order DNA testing for the mother, father, and child. In a situation where the child is not yet born, the case can be started but cannot be completed until after the birth. Once paternity is established the court may also make decisions regarding other issues such as custody, child support, visitation, and health insurance.

Paternity Rights and Responsibilities

Both parents have the right to spend time with their children, unless there is some situation preventing it. In addition to spending time with the children, parents are able to make important decisions regarding such things as medical care, education, and religion. Additionally, both parents must provide for their children. Under Florida law, when a paternity case is settled in court the judge has the ability decide issues related to custody and visitation. If these are not part of the order the mother has full legal custody of the child. For this reason it is important for fathers to take part in these proceedings and gain visitation and the ability to make decisions for the child.

Child Support and Timesharing

Once paternity is established it comes with obligations by both the mother and father.  Child support and timesharing are two separate issues that must be resolved either by the agreement of the parties or by order of the court.  A Parenting Plan must be filed in all cases involving children.   Furthermore, it is important to initially set up a timesharing arrangement that allows both parents time to spend with the child, as modification of a timesharing schedule may be difficult once a final judgment is entered.

Paternity Disputes

With today’s technology, paternity can be more easily established and is less likely to be wrong. Sometimes, fatherhood may be disputed. When this occurs it is usually necessary to seek guidance from a qualified paternity attorney. The court requires DNA testing be done according to strict standards and if not properly followed, the case could become lengthy and expensive. If you are not certain that you are the father of a child it is best to find out as soon as possible. You will be required to respond and provide proof in court, if the mother disputes that you are the father. These issues can be complex and emotional so they are best handled quickly and as early in the life as possible.

If you need to establish paternity or defend claims of paternity it is helpful to seek guidance from a qualified attorney. Contact the Tampa divorce and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

Child Relocation in Florida

Divorced parents often wonder if it is possible for them to relocate with their child. The Petition to Relocate must be made in accordance with the law and must contain the correct information in order to be deemed legal. The court will schedule a hearing date at which time both parents will be present unless the non-relocating parent consents to the relocation. Relocation may be across the state or out of state. If you are moving within a 50-mile radius of your home it is not necessary to request permission from the court. However, many parents find that they need to relocate out of state, often in order to take a better job. The Florida relocation statute provides guidelines on how to legally relocate with a child after divorce.

Relocation with a Child

The law regarding relocating with a minor child is a complex one. It is necessary to review it completely when determining how best to proceed in your situation. The statute may not apply to your case so it is best to speak with an experienced divorce attorney before making any decisions regarding relocation. Parents who want to relocate with their child are able to do so in one of two ways:

• Both parents may consent to the relocation of the child. The consent must be in writing and be approved by the court before relocation takes place.
• When parents are not in agreement regarding the relocation request, the parent who wishes to relocate must file a petition in court, called a Petition to Relocate.

The Petition to Relocate must be made in accordance with the law and must contain the correct information in order to be deemed legal. The court will schedule a hearing date at which time both parents will be present.

Parenting Plan

When parents divorce they must include a parenting plan in their divorce order. The plan addresses many issues regarding custody and visitation of the child. Parents must address the specific parenting plan or custodial order that is in place. Issues of relocation may be addressed in this plan. Additionally, parents may have already agreed as to the way relocation and other issues will be handled should they occur later on. Always refer to your original divorce order to learn information regarding relocation. In most cases, relocation will need to be handled through the courts with a modification and petition to relocate.

Failure to Comply

Parents who fail to comply with Florida law are subject to legal action. A parent who relocates a child without compliment could be found in contempt. The child could be returned to the other parent or the relocating parent could lose custody of the child. The time-sharing schedule must be properly modified through a court order for it to be considered lawful. In addition to the possibility of losing custody, the relocating parent may be responsible for attorney’s fees for the other parent and for travel costs to return the child. Because of the serious nature of these issues it is strongly advised that you go through proper channels for relocation and modification of child custody issues.

Whether you are considering relocation with a child or want to fight a relocation request by your former spouse, it is best to speak with a family law attorney as soon as possible. These cases can take some time and you must have a court order before moving with the child. To learn more about child relocation in Florida, contact the Tampa divorce and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

Question: Does the victim of domestic violence win custody of a child?

The answer to the question is that it depends.  First, you need to know that there is civil domestic violence and there is criminal domestic violence and these are treated differently, so the answer would depend on which it is in your case.

 

If there is evidence of civil domestic violence or child abuse or there is an injunction for protection against domestic violence determined in a civil court, then this may be considered by the court as detrimental to the child.  It is one of the factors listed in Fla. Statute §61.13(3), which the court looks at when determining what is in the best interest of the child when establishing a parenting plan, including the timesharing of the children. What is in the best interests of the child is the criteria the court uses in all decisions regarding children.

   

If a parent has been convicted of a misdemeanor of the first degree or higher as defined in Fla. Statute §741.28 and §775, or meets the criteria of §39.806(1)(d), then under Fla. Statute §61.13(2)(c)2) this creates a rebuttable presumption of detriment to the child.  The convicted parent may rebut this presumption; however, unless this presumption is rebutted the court may not give the convicted parent shared parental responsibility, which includes timesharing or any decisions made regarding the child.   If this were to occur, then the other parent would have sole parental responsibility of the child and make all decisions regarding him or her.  The convicted parent may get some timesharing as the court determines would best protect from further harm the child or abused spouse.

 

In Florida, it is public policy that there is shared parental responsibility for the children by both of the parents.  When there is separation or divorce each is encouraged to share in the rights and responsibilities of having children.  There is no presumption for a certain timesharing plan or for or against the mother or father.  If the parents cannot agree on a parenting plan then it will be up to the court to determine the best parenting plan based upon the child’s best interest using the factors of  Fla. Statute §61.13(3).

 

By Lynette Silon-Laguna

 

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