Family Law is more than just divorce. When parents have children without being married, they need to know what rights they have and do not have. This is often determined by filing a petition to determine paternity. Prenuptial agreements are also a part of a family law practice. It may be hard to discuss the idea of a prenuptial agreement before you intend to walk down the isle, but being prepared can spare a considerable amount of grief if a marriage ends.
When a child is born to unmarried parents, the decision of whether or not to establish legal paternity is an important one. Parents often believe that the father’s signature on the birth certificate is all that is necessary. However, this act alone does not establish the legal relationship that allows the father his rights to parental responsibility and timesharing or the mother’s rights to child support. In Florida, there are four ways paternity can be established when a child is born to unmarried parents. At the time of the child’s birth, there is a legal document that may be signed by both parents called an Acknowledgment of Paternity. After the child has been born, if genetic testing proves fatherhood, an Administrative Order Based on Genetic Testing can establish paternity. If the parents subsequently marry, paternity can be established by updating the birth record of the child. Finally, paternity can be established in Court by filing a Petition for Determination of Paternity.
Obtaining a Prenuptial Agreement before a marriage can protect a person’s rights in the event the marriage ends. People often enter into a marriage with established careers, substantial assets, and children from prior marriages or relationships. A Prenuptial Agreement determines in advance how certain assets and liabilities will be distributed in the unfortunate event that the marriage does not last. A Prenuptial Agreement can also make provisions for the payment or lack thereof of alimony. Attorney Mark Steinberg can negotiate and draft your Prenuptial Agreement and can also inform you of the various issues that frequently arise with such agreements and how best to discuss the subject with your prospective spouse in a non-adversarial and mutually beneficial way. Premarital Agreements drafted by Mark Steinberg are thorough and unambiguous agreements that can save you from excessive court and attorneys fees should a breakdown of the marriage occur.
If you have a family law issue and you would like to speak with an attorney, call Mark S. Steinberg, P.A. at (305) 671-0015 or fill out the Contact Form to schedule a consultation.