Legal Guidance For Unmarried Couples
In Florida, marriage automatically confers many legal rights to the married couple, including rights to shared property and financial assets. Straight and same-sex couples who are unmarried have fewer automatically conferred rights. Nevertheless, individuals who live together may still exercise essential rights under Florida family law.
Stuart N. House, P.A., provides legal advice and assistance to couples throughout South Florida who are thinking of cohabiting and need to set up legal ground rules before moving in together. Attorney Stuart House also represents clients who cohabitate and need to protect or enforce their rights in a dispute during or after a breakup.
Domestic Partnerships Have Limits
But what about unmarried couples living together in Florida? Only certain counties and cities in Florida recognize same-sex domestic partnerships. This means a domestic partnership ratified in Miami might not have the same legal standing in Fort Lauderdale and no standing at all in Boca Raton. While domestic partnerships’ status may change in the future, they currently lack the legal weight of marriage. As a Fort Lauderdale unmarried parents attorney, Stuart House helps clients understand these distinctions.
Additionally, not all domestic partnerships are available to heterosexual couples. That is the bad news for cohabiting couples. The good news is that legal agreements, commonly known as cohabitation agreements, can memorialize many of the same rights married couples enjoy.
A Cohabitation Agreement Can Protect Your Rights
A cohabitation agreement can establish the understanding and rights two people can consent to through a legal contract.
For instance, a cohabitation agreement can:
- Provide joint access to financial accounts and retirement savings
- Establish powers of attorney for health care decisions and end-of-life care
- Bestow inheritance rights onto your partner and/or your partner’s children
- Determine who will get what assets if the relationship ends
Officials cannot use cohabitation agreements to sign away your civil rights, such as access to your legal children, or to establish a new romantic relationship in the future. However, these agreements are powerful tools when crafted and enforced by an experienced and knowledgeable attorney.
Understanding Your Rights As Unmarried Parents
Attorney House serves clients through his Florida unmarried parents law firm, addressing crucial questions about parental rights and responsibilities. As an experienced unmarried parents attorney in Fort Lauderdale, he provides comprehensive guidance for parents seeking to protect their children’s interests.
Frequently Asked Questions About Unmarried Parents’ Rights
Here are common questions that arise regarding unmarried parents’ rights in Florida:
What rights does an unmarried mother automatically have in Florida?
Unmarried mothers in Florida maintain primary custody rights upon the child’s birth. These rights include making decisions about health care, education and daily care. A Fort Lauderdale unmarried parents lawyer can provide guidance about protecting these parental rights.
How can an unmarried father establish legal rights for his child in Florida?
Unmarried fathers must take specific legal steps to establish their rights. These include:
- Signing a voluntary acknowledgment of paternity
- Filing a paternity action through the courts
- Completing court-ordered DNA testing
- Obtaining a formal court order establishing rights
Can unmarried parents in Florida create their own parenting plan without going to court?
While parents may develop their own agreements, these arrangements require court approval to become legally binding. Attorney House, as a Florida unmarried parents attorney, guides clients through this process to ensure enforceability.
How is child support determined for unmarried parents in Florida?
Florida courts calculate child support using:
- Both parents’ income levels
- Number of children
- Health care expenses
- Child care costs
- Time-sharing arrangements
Do unmarried fathers have to pay child support before paternity is established?
Legal child support obligations typically begin after establishing paternity. However, courts may order support payments retroactively for up to 24 months before filing the paternity action.
Can an unmarried parent deny visitation if child support isn’t being paid?
Florida law treats visitation rights and child support as separate legal matters. Withholding court-ordered visitation due to unpaid support violates state law and may result in legal consequences.
Each family situation presents unique challenges. Contact attorney House, a cohabitating couples attorney in Florida, to discuss specific circumstances and legal options.
Get Your Free Consultation Today
For a free initial consultation with an experienced and knowledgeable Fort Lauderdale unmarried couples lawyer, contact the firm now online or by phone at 754-732-7482.