Category Archives: paternity

divorce with children or paternity case

Litigation in a Divorce with Children or Paternity Case

children and divorce, paternity

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.

Schedule a Case Assessment Session for your divorce or paternity
Covid-19 divorce

How Covid-19 is Changing How Family Court Works

COVID-19, divorce in florida, paternity

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.