Category Archives: paternity

Miami Parenting Plans: The Uncontested Path to Peaceful Divorce and Paternity Cases

Uncontested Florida parenting plans in divorce & paternity cases ensure child stability, reduce conflict, and avoid court-imposed schedules.

Navigating the family law system in Miami-Dade County can feel overwhelming. When your case involves children, such as in a divorce with children or a paternity case, your ability to maintain contact and participate on the upbringing of your children will depend on one critical document: the Parenting Plan.

For Miami families seeking an uncontested resolution, this document is not just a legal requirement—it is your most powerful tool for avoiding costly litigation, reducing stress, and ensuring a cooperative co-parenting relationship. By understanding how to craft a plan that works for your unique family dynamic, you can bypass the courtroom battles that drain your time and resources, securing a smoother path forward for you and your children.

The Purpose: More Than Just a Schedule for Miami Parents

In Florida, the law requires a Parenting Plan in every case involving minor children, regardless of whether the parents were ever married. The purpose isn’t to dictate who “wins” custody; it’s to eliminate ambiguity and outline how parents will share responsibilities and time with their children after separation or divorce, ensuring the child’s best interests are prioritized.

As a family attorney, I want to emphasize that there are no “winners” in custody disputes where one parent is totally cut out of a child’s life without legal justification. In such a case, the reality is very different, because the real loser is not the other parent, but the child.

For Miami parents, who often face complex logistical challenges like daily traffic hurdles in the County and lack of affordable caretakers while parents work, clarity is everything. When parents agree on a plan voluntarily (uncontested), they avoid the guesswork that often leads to future fights.

The plan serves three critical functions:

  1. Clarity Over Conflict: By defining exactly when the child is with each parent (time-sharing) and how decisions are made (parental responsibility), you remove the “who says what” arguments that plague co-parenting relationships.
  2. Stability for the Child: Children thrive on routine. A detailed plan ensures that school runs, medical appointments, and holiday traditions are predictable, reducing anxiety for the child.
  3. Legal Protection: Once signed by a judge, the plan is a court order. If one parent tries to deviate from the agreed schedule later, the other has a clear legal path to enforce it.

Paternity Cases: Why the Plan Matters Even More

For unmarried parents, the stakes of the Parenting Plan are often higher because legal rights may not exist yet until a paternity action is filed and a plan is approved.

  • Establishing Fatherhood: In paternity cases, the court must first establish legal fatherhood. Without a court order, the father may have no legal right to time with the child, and the mother has no legal obligation to allow visitation.
  • The “Uncontested” Advantage: In an uncontested paternity case, both parents can agree on the plan before the judge signs off. This allows the father to immediately gain legal rights and the mother to secure child support and a reliable schedule, all without a judge imposing a “one-size-fits-all” solution after a costly and time-consuming litigation.
  • Avoiding the “Default” Schedule: If parents in a paternity case or divorce cannot agree, the court will impose a standard schedule that may not fit the family’s unique needs. By creating an uncontested plan, parents retain the power to design a schedule that works for their work lives, the child’s school, and their family culture.

How an Uncontested Plan Facilitates Agreement

The beauty of the Parenting Plan is that it forces parents to have the hard conversations before they are in a heated courtroom.

  • Focus on the Child: The process shifts the conversation from “I want the house” to “What is best for our child’s school district?”
  • Collaborative Problem Solving: When parents draft the plan together, they practice the very communication skills they will need as co-parents until their child reaches the age of 18.
  • Cost and Time Savings: An uncontested plan can be drafted and filed in a fraction of the time and cost of a contested trial. It avoids the emotional toll of litigation on both parents and children.

The Reality: Once you and the other parent have actively created a parenting plan that benefits the best interest of your child, that plan becomes your Bible—your road mapfor co-parenting.The Parenting Plan is the bridge between two separate lives and a unified approach to raising a child. In both divorce and paternity cases, it is the single most effective tool for turning a potential battle into a partnership.

Don’t Let Ambiguity Create Conflict

Whether you are ending a marriage or establishing a family, the goal is the same: a stable, happy future for your children. Relying on verbal agreements or vague understandings is a recipe for future legal battles, especially in a busy jurisdiction like Miami.

An uncontested Parenting Plan allows you to:

  • Maintain a respectful relationship with your co-parent.
  • Ensure your child’s needs are met with precision and care.
  • Keep your legal fees low.

If you are in a paternity case or a divorce and want to create a plan that works for your family, you don’t need a fight. You need a clear, legally sound agreement.

Ready to Turn Conflict into Cooperation? Don’t let ambiguity dictate your family’s future. Whether you are filing for divorce or establishing paternity in Miami, an uncontested Parenting Plan is your first step toward stability.

Contact me directly to discuss how we can draft a clear, legally sound agreement that puts your children first. I offer services for a flat-fee to help you create a parenting plan for you to discuss with the other parent—not need to hire me on an hourly basis for any other related service. Let’s build your road map to a peaceful co-parenting relationship together.

Ask me to call you about your parenting plan

divorce with children or paternity case

Litigation in a Divorce with Children or Paternity Case

Litigation in a divorce with children or paternity case deserves special attention.  I’m not talking about legal strategy; I’m referring to the children involved in these cases.

In litigation, it is easy for the needs of children to get lost in the litigation.  It is important to keep the best interest of the children front and center.  This is not easy to do, given the emotional turmoil that a contested divorce or paternity can evoke in each of the parents.

Prior to the litigation, you and the other parent were part of a team, living under the same roof and making joint decisions for your children.  The only thing that changes in that scenario is that you may not be living under the same roof.  You are still parents and can still be an effective team for the sake of your children.  Of course, this is different if there is child abuse or neglect.

What’s in the best interest of your children?

Not surprisingly, family courts have this question in mind front and center when they have divorces with children or paternity cases to resolve.  It is good for you to keep in mind that the divorce and paternity law and, therefore, family judges, prefer that you and the other parent work together to minimize conflict as it relates to the children and to agree as much as possible when it comes to children’s issues.

It is difficult to provide more than a general roadmap as to what is in the best interest of children.  Your family may have issues relating to a child that other families may not have.  Similarly, no one knows your children and their needs better than you do.  This is why courts prefer that you and the other parent work together for their sake, regardless of what other challenges the divorce or paternity case may have.

What Courts Consider when it comes to Children

No matter how much we family lawyers may counsel clients to work with the other parent as to children’s issue, we sometimes still have to try these issues.

The Courts are guided by factors set out in the applicable statute to help them make decisions as to support of the children, parenting by both parents and timesharing by both parents with the children.

Still, you and your family are better off if you can reach an agreement.  Regardless of whether your case is a divorce with children or a paternity case, you and the other parent should be able to agree on issues that directly affect a child.  Again, no one knows your family –your children—as you do.  These statutes are written to provide you, the parent, with as much discretion as is possible, assuming there are no issues of abuse or neglect.

Steps you can take in a divorce with children or a paternity case

There are a few things you can do for your children while in the middle of litigation:

  • Do not discuss details about the divorce or litigation. 
  • Do not restrict your child’s communication with the other parent
  • Do not use a child as messenger between you and the other parent.
  • Do not speak ill about the other parent to a child; and do not let anyone speak ill of the other parent to the child.

Seek professional help or information if your child is having problems adjusting to the new circumstances. A professional can provide you specific advice according to the child’s age

Take the Online Parenting Course Early

As a parent in a family case with children, you are required to take a parenting class.  The idea behind this class is to stabilize the family as they transition from an intact family into, essentially, two families.  This class provides you information that can be a starting point in helping your children deal with what is happening.

Covid-19 divorce

How Covid-19 is Changing How Family Court Works

Since the pandemic shutdown in early March, the Florida Judicial System has been able to transition in such a way that cases continue to progress through the system in (mostly) an orderly manner. As part of the Florida Judicial System, the Miami Family Court is closed for most civil hearings, like divorce, paternity and non-criminal domestic violence cases. 

Instead, hearings on cases take place using video over the internet.  The most important benefit of using this electronic system is, of course, safety for you, judges, attorneys, court staff and clerks, and all those you would encounter on your way to a hearing in court.  Secondary but huge benefits include saving time in traveling to court as well as not having to take off from work to attend hearings.

Getting a Divorce

If you are considering getting a divorce, you still have the option of doing so in either a contested or an uncontested divorce.  You benefit the most from the new technology if you and your spouse are able to agree to get an uncontested divorce.  In this instance, you will not need to attend hearings either in person or electronically because you essentially are getting your divorce online, from beginning to end.

If you and your spouse are unable to agree so that your divorce is uncontested, then your divorce will still take place as a contested divorce using video hearings.  You will still have to face the longer time frame of contested divorces, and the same expenses such a court reporters, translators (if necessary), etc.

Establishing Paternity

Just like a divorce, paternity cases can be done in an uncontested or contested manner.  Uncontested paternity cases in Miami are done in the same manner as the uncontested divorces.  Similarly, if your paternity case is contested, you face the same issues as if you were getting a contested divorce.

Family Court Services

Our Family Division has a great unit that provide support in family and paternity cases, Family Court Services.  Judges refer divorce cases with children and paternity cases to Family Court Services when the parties and their children need additional services that will support the wellbeing of the family and the resolution of the case. 

Services provided through Family Court Services include crisis assistance, co-parenting, parenting coordination, resolution of time-sharing issues or schedules, referrals for family counseling, individual counseling for children or for children with their parents, supervised visitation and many more.  Many if not all of these services are already being provided through video or telephonic conferences.

Mediation in Family Cases

The In-House Mediation Unit in Miami-Dade County has a designated section for mediating Family Cases.  If your case is going to trial, whether a divorce trial or a paternity trial, you will be required to mediate before the trial.

Perhaps mediation was one of the first proceedings to transition to video. My first video mediation was on March 20, 2020; it was effective and efficient.

In Miami-Dade, mediation in the In-House Unit have been taking place since almost the start of court closure, back on March 16, 2020.  Private mediators seamlessly transitioned into video mediation.

Keeping Up On Covid-19 Measures for Court

You can keep track of Covid-19 related orders and announcements for the Eleventh Judicial Circuit on their Court Covid-19 page.

For questions about divorce, paternity or any other family issue, feel free to contact me at 305-710-9419 or via email.

You can also visit Getting Your Divorce Done Completely Online if your divorce is uncontested.  If your divorce or paternity case seems to be contested or if you have any questions, you can request a case assessment session.