Winter Park Children’s Rights Attorney
Florida Attorney Protecting Children’s Rights
In some situations, children’s rights arise through Florida’s divorce statute on custody, visitation, support. Still, the law protects minor children regardless of whether their parents were married. For more than 30 years, our lawyers at The Troum Law Firm, P.A. have been representing clients in Orange and Seminole Counties in a wide range of children’s rights matters. Please contact our office to set up a consultation with a Winter Park children’s rights attorney today.
Children’s Rights Under Florida Law
The primary rights of children in Florida involve custody, visitation, and financial support. Others involve the power to take legal action regarding the parental relationship, such as filing a lawsuit for wrongful death, inheritance, standing to seek disability benefits from the Social Security Administration, and more. However, before decisions can be made regarding these issues, it’s first necessary to establish parentage.
Children Born to Married Parents: There is a legal presumption that a child born to or conceived by people who are married is the offspring of the couple. The presumption applies even if the parents eventually divorce, annul their marriage, or the father dies after conception. As with any legal presumption, paternity based upon marriage can be rebutted by evidence to the contrary.
Child Born Out of Wedlock: When a child’s parents are not married, paternity can only be established through two methods:
- Both parents execute a Voluntary Acknowledgement of Paternity, a legally binding document that identifies the father and establishes legal parentage; or,
- One parent files a paternity lawsuit to have a court adjudicate the issue of parentage, typically through DNA testing.
Litigation Regarding Children’s Rights
Besides a paternity lawsuit, there are other types of legal proceedings that touch on or relate to children’s rights, including:
Custody and Visitation Cases: Once paternity is established, parents have rights and responsibilities with respect to the child. Both parents have equal power to seek custody, which involves more than just living arrangements. Custody also involves making important decisions on how to raise the child, typically on such issues as:
- Education;
- Religion;
- Health care and medical treatment;
- Extracurricular activities; and,
- Much more.
The parent who does not have residential custody can seek visitation rights to develop and maintain a strong parent-child relationship. Children’s rights in the area of custody and visitation are always reviewed in the context of the child’s best interests, a set of factors provided by law.
Child Support: A determination on paternity also triggers the child’s right to financial support and the duty of both parents to provide financial support. The issue is usually based upon custody, so the non-custodial parent will pay child support to the other.
Contact a Winter Park Children’s Rights Attorney for More Information
Children’s rights can involve complicated issues, so it’s wise to work with an experienced lawyer when facing any type of legal matter. Our team at The Troum Law Firm, P.A. can assist, so please call 321-428-2247 or go online to schedule a consultation. We’re happy to review your circumstances and provide guidance on your legal options.
