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Paternity Law

Paternity actions are filed in order to legally establish a child’s biological father, typically for the purposes of protecting one’s parental rights or to allow the mother to acquire child support from the father.

Florida law states that a man is presumed to be the father of a child if he was married to the mother at the time of conception. If a mother is not married, however, paternity must be established. This can be accomplished by having both parents sign a voluntary acknowledgment of paternity form. If such a form is not signed, either parent can file a paternity action. A paternity action also may be filed by the child, the child’s guardian or the state if the mother is on public assistance.

If there is a dispute regarding the paternity of a child, the court will likely order a DNA test. The law office of LUNALAW, PLLC. can answer your questions and assist you with paternity actions.

Once paternity is legally established, a mother can request as much as 24 months of prior child support from the date that a paternity petition was filed.

There are good reasons why unmarried parents who are still together may wish to establish legal paternity. Doing so ensures that the child can participate on a father’s health insurance, receive an inheritance from the father’s estate or obtain a father’s Social Security benefits, veterans benefits or other death benefits.

Helping Clients in South Florida Resolve Relocation Issues

 

When one parent wants to move more than 50 miles from their current address with a minor child, they will need either the consent of the other parent, or a court order granting a relocation petition. Relocation issue can come up during a divorce or paternity action, or long after the judgment has been signed by the judge.

Relocations come up often when one parent wants to move out-of-state for a new job, or because they are getting remarried.

 Miami relocation lawyer Hernan Luna will effectively handle all relocation requests and defenses. Whether you are expecting your relocation case to be relatively amicable or highly contested, attorney Hernan Luna can help you protect your parental rights and your children’s futures.

Putting Long-Term Parenting Plans in Place

In any relocation case, a detailed petition for relocation has to be filed with the court before the judge can proceed with the hearing. Relocation requests are not automatic given, even if you enjoy majority timesharing with your children. A request to relocate should be made with plenty of time before your expected move, and are rarely granted as a last minute request. If not handled expertly, a judge may not allow you to move away with your child, which means if you do move, you would move without your child.

If relocation issues cannot be resolved between the parents through informal negotiations or mediation, they must be resolved by the court based on the best interests of the child. Attorney Hernan Luna can advise you on all of the potential future issues you will face in seeking relocation, and guide you toward a workable solution.

If you and your spouse have different goals, at LUNALAW, PLLC  you will obtain the  advise you need on your legal options and help you pursue a favorable outcome. Drawing on his substantial experience in both settlement conference rooms and courtrooms, he will take the approach that is best for your specific situation.

Assisted Reproductive Technology (ART) in Miami, FL

Increased use of in vitro fertilization, surrogate parenting and other assisted reproductive technology (ART) for the purposes of giving birth have added a new level of complexity to family law issues. In many respects, the medical capabilities have outpaced the laws that govern them. However, Florida statutes in this area are among the most advanced in the country.

The law firm of LUNALAW, PLLC., will help you finding the best cutting edge approach.

A proactive approach is a smart step. Parents who are planning to have a child using a third-party collaborator (a sperm donor, egg donor or gestational carrier) would be wise to recognize the legal risks involved and take steps to protect themselves. Women who agree to serve as a surrogate also need legal representation.

Opting for a “do it yourself” contract can be as risky as not having a contract in place at all. The consequences of using an agreement that is not prepared by a knowledgeable lawyer are too severe compared to the reasonable cost of putting professionally prepared legal agreements in place.

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