Month: February 2016

Establishing or Challenging Paternity

Paternity is about establishing the identity of a child’s father for purposes of having the father contribute to the support of the child and/or establish parental rights. In the majority of cases, the father’s identity is not at issue especially if the parents are married to one another. If married, the law presumes the husband is the child’s father, and he has a legal obligation toward the child born of the wife. But most paternity suits involve non-married persons and are brought by the mother against a person she alleges is her child’s father. In these circumstances, paternity is established...

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Probation Sentences and Their Conditions in Florida

Probation is a court-ordered supervisory condition for persons convicted of a misdemeanor or a felony.  A court will impose probation either in lieu of a jail sentence or after a person has served a portion of their time in jail or prison. Depending on the type of probation, a defendant may or may not have to report to a probation or parole officer or a community supervisory officer on a regular or in-person basis. Florida considers probation as a means of rehabilitation but also as a way to protect the community by imposing certain restrictions on the individual’s freedoms. It affords...

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Considerations to Make When Creating a Visitation Schedule

The courts typically favor joint or equal parenting time with the children where the children’s time is split fairly evenly with each parent. This is not always possible if a parent lives a far distance from the other parent’s residence or the child’s school, a party’s work schedule cannot accommodate equal parenting time, or there are other issues affecting this type of arrangement. In extreme circumstances, some parenting plans may give one parent sole parenting time. Typically though, parenting time is divided on a percentage basis. In any case, the parents (or the courts if the parents are...

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Underage Possession of Alcohol

In Florida, as in every other state in the U.S., no one under the age of 21 may possess an alcoholic beverage subject to a few exceptions such as for religious, medical or educational purposes. Some states do allow underage drinking and possession in private clubs or establishments. In Florida, a minor, or person under the age of 21, may not possess alcohol subject to two limited exceptions. The offense is also referred to as Minor in Possession or MIP. For persons who are at least 18 years of age, they may possess alcohol if employed in the sale, preparation and/or service of alcoholic beverages....

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