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Difference Between Divorce And Paternity Establishment Cases

parents tugging at kid

Two Common Types Of Custody Cases Are Divorce And Paternity Establishment

What is the difference between divorce and a paternity custody action?

The two most common types of cases that divorce and custody attorneys see these days are divorces and paternity establishment cases. While both of these case types follow practically the same litigation path they are polar opposites in the family law industry. This is because divorces are the procedural mechanism for married parents to seek relief while paternity establishment cases are how unmarried parents seek custody and child support.

Typically divorce cases on average will be more contested more often then paternity cases. This is due mainly to the high degree of emotional turmoil that is taking place between the parties to the divorce case as they are freshly going through a break up versus paternity establishment cases where a majority of the time the parties have already been Broken up for quite some time. Another reason that the fours cases or Natalie paternity cases is because in addition to custody issues the divorce case generally will address custody, child support, property division, and spousal support while the paternity case deal only with custody and child support.

In Florida parents who are not married in separate need paternity establishment cases in order for the finger to have their parental rights established by the court. This is because in the state of Florida unmarried fathers or not automatically afforded the same parental rights married Fathers. The reason for this is if a married couple has a baby then in the eyes of the law the mother and the father or the legal parents conversely when the parents are not married there is no legal way for courts to ashe father is. This is why I married Fathers normally need to file petitions to establish paternity so that they can have their parental rights established as a matter of law.

When parents are not married him break up there or more dangers of the child being withheld from the other parent then there are in divorce cases where the parents were married. Very common example of this is when one parent moves out of state with a child while the unmarried father is forced to sit idly by and watch the mother leave the state with the child. Conversely to this if that unmarried father was able to file a paternity action and have his parental rights established that say mother would not be able to leave the jurisdiction with the child nearly as easily.

Both case types have the potential to become highly contested child custody battles and are argued in front of the same judicial divisions. Experienced divorce attorneys are usually well able to represent clients in paternity establishment cases and vice versa.

If you have a divorce case or need to file a paternity establishment case then call Sean Smallwood, P.A. today at 407-574-6155

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