Wednesday, November 18, 2020

COVID19 Bringing the Importance of Establishing Legal Paternity to Light

Establish Legal Paternity in Florida in the Time of COVID19

If you're an unmarried parent in Florida and you have not considered establishing legal paternity, COVID has been a sad reminder of the importance of doing so. Many unmarried  parents, whether living together or not, successfully co-parent and share time with their children without the intervention of a Florida Family Court. But, what if something catastrophic happens to either parent and why does it matter? 




Benefits of Establishing Legal Paternity in Florida

As a Tampa Paternity Attorney with over 25 years of experience, establishing legal paternity is usually in the very best interest of a minor child. Without first establishing paternity, the child  simply may not be entitled to the benefits that would otherwise be afforded to them should a catastrophic incident occur. In Florida, by default, unmarried mothers have sole custody and parental responsibility of their minor children. So, should the mother to fall ill or pass away prior to the establishment of paternity, the child would not be automatically awarded to the biological father. This is true even if that child has established a relationship with him. If the father passes, the child would not automatically be entitled to the father's insurance benefits or social security benefits if they were applicable. Remember, unless ordered and signed by a Judge, any private agreements between unmarried parents are not legally recognized or enforceable. 

Tampa Parental Rights Attorneys on Establishing Paternity

Aside from catastrophic situations, there are many advantages to establishing paternity legally. Once legal paternity is established in Florida your Tampa child custody attorney can motion the courts to (set) order timesharing and child support. Child support will likely be ordered in most cases and in accordance with Florida child support laws. 

There may be unique cases when child support is not be ordered, however, in most cases, the mother or father will be ordered to pay support. The purpose of child support is to ensure that the child's financial requirements are met and shared equally between both parents. Judges very rarely will deviate from the formula for calculating child support.  

Even though you may have been co-parenting amicably, should situations or attitudes change, legal paternity and court orders for timesharing and support will help to ensure that the rights of the mother and father are protected, but it also aids in keeping the child's best interests at the forefront. 

Read: Tampa Father's Parental Rights Attorney

           Tampa Mother's Parental Rights Attorney


Contact Tampa Paternity & Child Custody Attorneys 

Learn more about establishing legal paternity by visiting our website. Call 813-879-4600 to schedule a consultation with Tampa paternity lawyers Nilo J Sanchez & Associates, or you may leave a secure message on our website. 

Website: https://www.divorce-lawyer-tampa.net/

Paternity lawyers Tampa Bay Florida




Thursday, October 8, 2020

Child Custody Attorneys Tampa, Parental Relocation Cases, Florida

 


Child Custody Attorneys, Tampa, FL


Representing Clients who need a Family Law Attorney in  Hillsborough, Pasco & Pinellas County

Relocating with a minor child can occur after a Final Judgment of Divorce has been entered or when a Final Judgment of Paternity has been signed by a family judge. When one party desires to relocate with the minor child or children in excess of 50 miles from their residence that was listed on the Final Divorce or Paternity Judgment in excess of the 50 mile radius, you must be granted permission by the courts before you relocate the child or children you share time with.  Doing so without permission can result in sanctions from the courts and it is highly recommended that you seek a Tampa child custody attorney to represent you in any parental relocation case or custody matter. 

How to File a Petition to Relocate with a Minor Child in Hillsborough County, FL


The parent seeking to relocate with the minor child in excess of 50 miles or outside the State of Florida, can do so by either obtaining the other parent’s written consent, which is put in the form of an agreement, or by obtaining prior court approval following a contested hearing. It is common for the other parent to object to the relocation as it can interfere with timesharing and the current parenting plan. If however, you are able to reach an agreement without going to court, it is still wise to seek the assistance of an experienced Child custody attorney in Tampa Bay. 

There are several things that should be addressed in any parental relocation agreement but here are examples of what should be included:

1. Include how the parties will consent to the relocation
2. Timesharing/Visitation and Custody schedule for the non relocating parent
3. Transportation details and arrangements related to access or time-sharing

When Parents Cannot Agree on the Relocation of their Minor Children out of Tampa Bay, FL


Under Florida law, unless there is an agreement between the parents allowing the relocation, the parent seeking to relocate must file a petition to relocate with a minor child and serve it upon the other parent .

Child relocation cases can be very challenging and hiring a parental relocation attorney is highly beneficial. Winning a parental relocation case if you are seeking to relocate for a job opportunity or for other reasons, must prove that it is in the very best interest of the children. It will be up to you and your attorney to show the courts why it is in the best interests of the children. The courts generally do not wish to interrupt timesharing with either parent. Having said this, there are several ways to reach your desired goals, based on the specifics of your situation. 

How to Stop the Relocation of a Minor Child out of Tampa Bay


If you have established a sound relationship with your child and the other parent wishes to relocate your child against your wishes, you should seek the legal counsel of a seasoned Tampa Bay Child Custody Lawyer. It is unwise to assume that a Judge will not permit a relocation, even if you have done all of the right things. Nilo J Sanchez & Associates specializes in parental relocation cases and understands how emotional they can be. In any child custody matter, it is highly beneficial to hire the best family law litigation attorney to represent you. Mr. Sanchez has the experience you need in high conflict or challenging family law matters. Highly respected by peers and top-rated by clients, Attorney Sanchez has extensive knowledge in Florida child custody cases. If you need to consult with a Tampa Bay child custody litigation attorney, we're currently representing clients in Pasco, Pinellas and Hillsborough County, Florida. 

For more information or to schedule a consultation with a Tampa family law attorney, call 813-879-4600 or visit our website https://www.divorce-lawyer-tampa.net/consultations/

Tampa child custody attorneys Nilo J Sanchez


Learn More About Child Custody & Relocation: Tampa Family Law News

Wednesday, January 30, 2019

Enforcement of Timesharing and Parenting Plans Florida

Enforcement and Contempt of Timesharing Florida


In Florida, a petition for enforcement of timesharing and contempt should be filed with the courts if either parent is not complying with a timesharing or parenting plan order. 


Tampa divorce and child custody attorneys Nilo J Sanchez & Associates represents parents who need representation in enforcement, contempt or modification of parenting plans.  If you need a child custody attorney in Brandon, Tampa, Lutz, Dade City, Clearwater or St. Petersburg, look to the law firm of Nilo J Sanchez & Associates. 

Court Ordered Timesharing Interference 

There are remedies when a parent is interfering with court ordered time-sharing.  A court ordered parenting plan  defines the terms of time-sharing and child custody. When parents do not abide by timesharing orders, it is beneficial to seek relief. Hiring a Tampa child custody attorney who can help you to assert your parental rights. 



Not Following Your Parenting Plan in Florida

When a parent disregards a court ordered parenting plan and willfully is not following a court order your attorney can motion the courts so it can be addressed and rectified. Attorney Sanchez has 25 years of experience in child custody matters and understands that when a parent does not follow the parenting plan, it can be stressful on the other parent and even financially inconvenient.

What are Timesharing Enforcement Orders?

When an enforcement order is filed with the court, the parent is looking for a recommendation and modifications of timesharing and custody as well as child support. If the judge finds a parent in contempt there are many remedies including fines that the court can order. Losing timesharing, parenting classes and other options are available to the courts including incarceration if found in civil contempt.
enforcement orders for timesharing parenting plans custody Hillsborough county fl
ruling on issues relating to time-sharing and custody. This can mean


Tampa Family Law & Child Custody Attorney


Resolve time-sharing or child support issues begins with a consultation with a Tampa Child Custody Attorney.  Speaking with a lawyer is the first step to learning if filing an order of enforcement of timeshare would be in your best interest. You may have been served with a notice of hearing for enforcement of time-sharing. If this is the case, than it will be beneficial to seek legal representation before you go to court. The burden of proof is on the party seeking enforcement, and you will need to show that you were compliant or that you were not willfully disregarding your order.


Visit: http://www.divorce-lawyer-tampa.net/child-custody/
Call: 813-879-4600 for a consultation.




Tampa Child Custody Attorney on Rights of Unmarried Parents

Sole Parental Responsibility & Timesharing Unmarried Parents - Florida

Child custody attorney Brandon, Lutz, Dade City, Clearwater Tampa
Both mothers and fathers who are not married may ask the courts for sole parental responsibility once paternity is established. Sole parental responsibility differs from physical custody or "timesharing."  

In Florida, unmarried mothers are considered to have sole legal and physical custody of a child until paternity is legally established. If you are an unmarried mother, establishing legal paternity will help to secure child support. Doing so sooner rather than later, can help you to avoid financial difficulties. Alternatively, fathers who wish to establish a relationship with their child, should establish paternity either by agreement with the mother or other acceptable means by order of the courts especially if you wish to foster a relationship with your child.


50/50 Timesharing Florida


Florida does not have a
presumption rule for 50/50 custody or timesharing however, the courts  do lean towards equal timesharing when it is in the best interest of the children. Fostering a relationship with both the mother and father is considered in the best interest of the child. Thus, shared parental responsibility and 50/50 timesharing is frequently awarded unless there are specific reasons why timesharing should have limitations. 


Unmarried Fathers in Tampa Bay have rights and responsibilities to their children. Tampa Family Law Attorney, Nilo J Sanchez & Associates will fight for your parental rights.

"Hire a Tampa child custody andchild support attorney who has the experience and knowledge you need."

Attorney Sanchez has 25 years of experience and knowledge representing parents who have
high conflict child custody issues. Hiring the right Tampa child custody lawyer for your situation, whether you need a lawyer to protect your parental rights or to assist you with a child support issue, will be most beneficial

Why Tampa Bay Fathers Should Establish Paternity

If you have not yet established legal paternity, you have no legal rights to make decisions for your child. Without an order from the courts, you have no rights to "visitation" ( timesharing ) with your child. Frequently, unmarried parents may start out parenting amicably. When challenges or disagreements arise, fathers or mothers who have not yet established paternity may decide that they no longer wish to provide financial support or allow timesharing.

Additionally, fathers who are being denied timesharing and who have contributed financially, may abruptly stop doing so. When paternity is established and a timesharing and parenting plan is in place, Attorney Sanchez can file a motion for enforcement and contempt of timesharing should you be denied timesharing. 

When you stop financially supporting your child prior to establishing paternity, it may not be beneficial if and when the father decides to establish paternity or if the mother seeks to obtain an
order for child support. It is best to consult with a Tampa Father's rights attorney before making any abrupt decisions.

Disestablishing Paternity Tampa Bay

It is important to consider hiring a Tampa Bay child custody attorney to establish paternity if you have recently had a child or if you are expecting a child and you are unmarried. Understanding your parental rights and responsibilities is important even prior to the child's birth. Once a father's name is on a birth certificate, this is considered a legal means of establishing paternity in Florida. If for some reason, you suspect the child is not yours or if you are later told the child is not yours but you have signed the child's birth certificate, you will need to seek to disestablish paternity to avoid being financially responsible for the child, if you wish to challenge that you are the child’s father.

Wednesday, May 30, 2018

Tampa Parental Relocation Attorney


Tampa, Florida Child Custody Attorney, Nilo J. Sanchez & Associates

Parental Relocation in Tampa Bay, Florida

If you live in Tampa Bay and are contemplating relocating with your minor child(ren) please be aware that you MUST get permission from the court to do so IF you are relocating beyond 50 miles from the address listed on your final order.
 
Many parents believe that there are good enough reasons to simply move, such as a job transfer and they do not seek the approval of the courts first. It is absolutely crucial to get permission, thus you should consult with a Tampa child custody or family law attorney who can represent you properly by first petitioning the courts for your relocation.

Tampa Child Custody & Divorce Attorney Nilo J. Sanchez & Associates has over 24 years of experience in a variety of child custody and timesharing matters. Representing yourself in a contested parental relocation case in Tampa Bay can be challenging to say the least.  AVVO Top-Rated Divorce & Custody Attorney Nilo J. Sanchez is located in Tampa, Florida can provide advise and representation prior to attempting to relocate with your minor children. Due to the nature of these cases, it is highly recommended that you consult with a lawyer before you attempt to represent yourself in a contested parental relocation matter.

KEY POINTS IN a PARENTAL RELOCATION CASE in FLORIDA

In Good Faith: To get directly to the point, moving or relocating with a minor child from Tampa Bay in excess of 50 miles with the wrong motivations can result in unfavorable results. A judge will want you to prove that your petition for relocation with your minor child(ren) is being requested in good faith. With the burden of proof being on you, your Tampa Florida child custody attorney must have the knowledge and experience to present the facts and proof to the courts that will at a minimum support the following:

1. That your relocation will improve the quality of life for yourself and your child or children.
2. That by relocating, you are considering the best interest of the child or children
3. That the children will be able to continue a meaningful relationship with the other parent if the relocation request is granted.
4. Depending on the nature and logistics of the move, convince the courts that you will abide by the courts orders once you are outside of their jurisdiction.

What Are Some of the Ways an Attorney Can Win a Child Relocation Case?

It takes a great deal of knowledge of Florida Family Law as well as experience to get favorable results in a parental relocation or high conflict child custody case. Taking into consideration that each case is unique, it is in your best interest to consult with Tampa child custody attorney. Nilo J. Sanchez & Associates can provide you with counsel and representation in a contested parental relocation case. An experienced custody attorney in Tampa Bay will have a good understanding as to what the courts in each jurisdiction generally look for when determining a favorable outcome for modifications of custody and relocating with children in Florida relocation cases.
Have You Been Served with a Petition for Parental Relocation in Tampa Florida?
Have you been served with a petition for relocation with a minor child in Tampa Bay, Florida? Read your paperwork carefully, then call 813-879-4600 to schedule a consultation with Tampa Family Law Attorney Nilo J. Sanchez. Attempting to contest a parental relocation matter on your own may end up with unfavorable results.
Why You Should Consult with a Tampa Child Custody Attorney Prior to Responding

There are things you must do when you are served with petition to relocate with a minor child or parental relocation papers. If you do not follow the instructions precisely, a default judgement can be made in the relocating parent's favor by the courts.

 For more information about parental relocation in Florida visit:
http://www.divorce-lawyer-tampa.net/parental-relocation/
http://www.divorcelawyer-tampa.com/parental-relocation-law-Tampa-Florida.htm
Florida law regarding parental relocation with a child is governed by Florida Statute 61.13001.













Top Rated Divorce & Child Custody Attorney
Nilo J Sanchez & Associates
Telephone: 813-879-4600
Schedule a Consultation



Thursday, July 9, 2015

Tampa Child Custody Attorney - Tips on Summer Timesharing

Tampa Divorce & Child Custody Attorney

Nilo J. Sanchez

Nilo Sanchez at Sanchez and Associates - Child Custody Lawyer, Tampa, Florida


By now, most parents who have shared custody in Tampa Bay are a few weeks in to summer custody laws in Florida it's important that you follow some basic steps to help the children transition. Giving them the opportunity to enjoy a stress-free time with both Mom and Dad during summer break will provide the best results.
vacation. This can be a positive time for all involved, but it can also be a stressful time. If you are new to time sharing or

Florida Parenting Plans

It's likely that you have a parenting plan already established with the courts. This would have been included with the final judgement if you are divorced, or as part of a paternity, child custody or child support case.

"A parenting plan approved by the court must, at a minimum, describe in adequate detail how the parents will share and be responsible for the daily tasks associated with the upbringing of the child; the time-sharing schedule arrangements that specify the time that the minor child will spend with each parent; a designation of who will be responsible for any and all forms of health care, school-related matters including the address to be used for school-boundary determination and registration, and other activities; and the methods and technologies that the parents will use to communicate with the child."

Source:http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html 

Follow the Parenting Plan / Long Distance Trips

Following the parenting plan is crucial because the last thing you want to do is to interrupt or interfere with the other parent's time with the children. More importantly, you could be held in contempt for not abiding by the court ordered custody agreement, of which the parenting plan is a part of. If you currently have been served with a contempt order, you should consult with a child custody attorney in Tampa as soon as possible.

  • When It's Your Time With the Child/Children

If you are taking the children on a long distance vacation, be mindful of what your custody order says about giving appropriate notice for long distance or out of State travel or travel that is subject to notification. Be courteous of the other parent when the children are traveling long distance. Keep in mind that parents tend to worry. Remember, you were once a family and most likely you worried about the safety and whereabouts of the children when you lived together. This is amplified somewhat when parents share custody, especially if your divorce was not amicable. Understand the clauses in your child custody and time sharing order and abide by them. By doing so, you avoid any disagreements with the other parent. This is always in the best interest of the children. You want to spend your time having fun, not fighting with your ex.

  • If It's Their Time with The Children

For many Moms and Dads and particularly for those who have a long distant relationship or parenting plan realizing that this is when they get to spend the majority of time with the child/children. Some parents find it difficult to let go for such an extended period of time, and children may pick up on your anxiety. Encouraging the children and getting them excited about summer is in their best interest. Work together with the other parent and avoid any conflicts. If you ever do end up back in court for a child custody modification or a child custody hearing for any reason, the courts do look with favor upon parents who are flexible and who abide by the order.

  • Disputes over Child Custody, Time Sharing

Summer time can often bring to surface disputes over child custody or parenting plans. If you are having problems that cannot be settled amicably, contact Tampa child custody attorney, Nilo J. Sanchez for a consultation. Remember, you will likely regret it if you spoil your child's summer by arguing with your ex over the details of your custody agreement. If there are substantial changes in your circumstances or you believe your ex is not abiding by your child custody agreement, consulting with a family law attorney in Tampa may be the only way to begin to settle those differences.

  • To read more about parenting plans or child custody in Florida

http://family-law.lawyers.com/child-custody/blogs/archives/6599-child-custody-in-florida-time-sharing.html 

http://divorce-lawyer-tampa.net/child-custody/


Contact Nilo J Sanchez at our Tampa Family Law Firm
813-879-4600





Thursday, March 7, 2013

Tampa Child Custody


TEMPORARY CUSTODY OF MINOR CHILDREN BY EXTENDED FAMILY


The temporary custody of minor children in the State of Florida can be awarded to an extended family member.  Chapter 751 of the Florida Statues, sets forth  the requirements that must be met in order for custody of a minor child to be awarded to an extended family member.

The purpose of Chapter 751 is to provide for the welfare of a minor child who is living with extended family members. These family members are unable to give complete care to the child in their custody because they lack a legal document that explains and defines their relationship to the child, and they are unable to effectively consent to the care of the child by third parties. Sanchez & Associates, Tampa divorce attorney can assist you with filing a motion to the courts to ask that child ccustody be awarded to an extended family member under Chapter 751. If awarded by the courts, the extended family member can consent to all necessary and reasonable medical and dental care for the child, including non-emergency surgery and psychiatric care.  Additionally, the extended family member can secure copies of the minor child’s records, held by third parties, that are necessary for the care of the child, including but not limited to:
 
1.      Medical, dental, and psychiatric records.
2.      Birth certificates and other records.
3.      Educational records.

The extended family members, who are awarded temporary custody under Chapter 751, can also enroll the child in school and grant or withhold consent for a child to be tested or placed in special school programs, including exceptional education.  In essence, the extended family member, under Chapter 751, can do all other things necessary for the care of the child.

Pursuant to Florida Statute 751.011,  an extended family member means a person who is:

(a)    A relative of a minor child within the third degree by blood or marriage to the parent; or
(b)    The stepparent of a minor child if the stepparent is currently married to the parent and is not a party in a pending divorce case or other civil or criminal proceeding involving one or both of the child’s parents as an adverse party.   

To obtain additional information  concerning   extended family members obtaining temporary custody of a minor child, contact Top Tampa Family and Divorce Attorney Nilo J. Sanchez Jr.
http://divorcelawyer-tampa.com.

To read more about filing for temporary custody of a minor child by a family member or child custody in Florida, visit Tampa Divorce Attorney Nilo J. Sanchez & Associates online at http://www.divorcelawyer-tampa.com/childcustody-lawyers-Tampa.htm.