When unmarried individuals have a child together, a Paternity action is necessary to establish the Father’s legal rights. Additionally, as part of a Paternity action, the Courts will require that a Parenting Plan be established, and the Courts will Order that Child Support is paid for the Child.
At Anton Garcia Law, our Tampa Family Law Attorneys are experienced in handling Paternity cases as well as the many components that it entails.
Anytime you are not married and engage in relations with someone that results in a pregnancy, you should think about Petitioning for Paternity. Until a Paternity order is entered by the courts, a Mother is presumed to be the natural guardian of the child.
As part of a Paternity action, the courts will establish a Parenting Plan. A Parenting Plan, amongst other things, describes in detail how each parent will participate in the upbringing of the parties’ child. A Timesharing schedule is a key component of a Parenting Plan, which sets forth which days each parent gets to spend with the child. Additionally, the Parenting Plan will allocate Parental Responsibility, that will govern what decision-making authority each parent has when it comes to making major life decisions for the child. The court takes many factors into consideration when creating these plans. However, no Parenting Plan will be enforced unless it is found to be in the “Best Interests” of the child.
In addition to creating a Parenting Plan, the Court is going to calculate and award Child Support. Child Support is based on the “need and ability to pay” of the child and the parents. The Courts determine what the Child’s “needs” are, and the ability of the Parents to pay. In determining how much support will be awarded, the Court considers each parties respectable net-incomes, the amount of overnights the child has with each parent, as well as a number of other statutory factors. The Court will then offset the financial responsibility by each parent, and support to the parent who is in greater need of financial support for the child. The Court will also decide and allocate financial responsibility to one of the parents for covering healthcare expenses for the child as well as potential day care expenses.
Reach out to us today and find out how you can protect your rights as a Father, and begin preparing for your child’s future. Our team of experienced Family Law attorneys will be with you every step of the way as you enter this new chapter of life. We know supporting your children is very important to you, and we will work diligently and tenaciously when it comes to your Paternity action.
Call the Tampa paternity lawyers at Anton Garcia Law at (813) 907-9807 or request a consultation.
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