This is the next post in my series about the rights of fathers in Melbourne and elsewhere in our state. My last article discussed the rights of unmarried Florida fathers. It is important to understand that our state automatically grants custody to an unmarried mother, but the Court presumes that custodial rights should be shared once a case is filed. An experienced attorney can assist you with determining how a Court may rule in your particular situation. In this article I will discuss the process by which a father can obtain visitation rights. If you or a family member require assistance then contact my office today to speak with a lawyer.
Establishing child visitation begins by filing a Petition with the Court
The first step in establishing visitation in our state is to file a Petition with the Court. The parties will typically attend mediation and a hearing will be held so that the Court may issue a temporary order. This temporary order allows the parties to have a structure to follow while the case proceeds if it does not otherwise settle. This structure will include an Order for temporary custody, a visitation arrangement, and order for child support, and more. Many cases settle before or shortly after this initial hearing. If the matter does not settle then the parties will conduct discovery, which is how information is obtained from the other side in a lawsuit. In a child custody case, discovery will focus on the needs of the child as well as the fitness of each side to parent. Financial information will also be a part of discovery for the purpose of calculating child support.
If the matter does not reach a settlement then the case will proceed to a bench trial. The matter will be entirely decided by the judge as there are no juries in Family Court. Each side will make an opening statement and then the Plaintiff (the parent who initiated the case) will present their evidence and witnesses. The opposing parent will then present their case and the Plaintiff will follow with rebuttal. Rebuttal is not a time to raise new arguments, it may only be used to directly address claims made by the Plaintiff. Each party will then make a closing statement and the Judge will make their decision. This decision may come immediately after the trial or the Judge may issue a written Order at a later date. The handling of such matters can quickly become complicated and it is strongly suggested that you retain an experienced attorney to assist you.
Contact a Melbourne fathers’ rights lawyer today
If you are a dad and are hoping to establish custody then contact my office today to speak with a Melbourne fathers’ rights lawyer. My practice is devoted to the handling of domestic relations law and I understand that this is a serious time in your life. My office will make sure that you know what to expect from the process and we will be available to answer your questions as the matter moves forward. I pride myself on providing the highest level of service and we look forward to speaking with you. Contact us online or by telephone today.
We also service clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.