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Do I need to open up a case and file a parenting plan if my son's father and I were never married?

Clermont, FL |

We have two boys (ages 4 and 5). We have no co-parenting issues. We are both on the birth certificates. We filled out a parenting plan and got it notarized. There are no custody issues or disagreements, no child support issues. We have never had a court case or filed anything with a court. Everything has been agreed upon mutually. We do have a parenting plan that we filled out to give to the children's school. I was told that the parenting plan can't be filed as a stand alone without a court case (custody, divorce, establishing paternity, etc.) since we have no issues or need to file an actual court case is the parenting plan we have still considered legally binding or do we need to proceed with filing some sort of case to make it legal?

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Attorney answers 4

Posted

You must go through the Court. Good luck.

This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq. 727-456-0032/ 727-488-8272 familylawyer411.com/about-carin https://www.facebook.com/pages/The-Law-Offices-of-Carin-M-Constantine/125967577416313 http://www.linkedin.com/pub/carin-constantine/b/861/445

Posted

This case is a perfect example of the "good deal exemption." As long as there are no problems, then it's a good deal and you've saved money that would otherwise have been spent on attorneys. However, if an when something goes wrong, and it will, you have make sure that you are ready for that contingency. This is where you really need an attorney to help guide you through the process. Good luck!

Bill Rosenfelt 407-462-8787 (Orlando)

Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.

Posted

You need to file a Petition for Paternity and a Stipulation and Agreement along with the parenting plan that the two of you have agreed upon. Otherwise, the parenting plan you have agreed upon is not enforceable. If the two of you were never married, he currently has no rights under the law. If you are in agreement and you already have a parenting plan, you should be able to do it yourself. It will only cost you the filing fees. Good Luck.

Sincerely,
B. Elaine Jones, Esq.

Posted

The parenting plan is not enforceable without a court action and a final order ratifying it by the court. I would recommend you file the appropriate action, or hire an attorney to assist you in the process. If all is uncontested then it should not be too costly or time consuming.

Ophelia Bernal-Mora
Orlando Family Law Attorney
407-354-5223
[Free Consultations to Avvo Users]

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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