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Monday, October 7, 2024

Paternity

The Family Court Self-Help Program can assist you with the purchase of the correct packet, review of your forms once completed, and instructions on how to file and proceed with your case.

Once a petition is filed, the other party (Respondent) has 20 days after service to file their response. Depending on whether your case is contested or uncontested will determine how long before your case will be set for hearing.

The other party, the “Respondent”, has 20 days after service to file their response. If after 20 days there is no response, you can file a Motion for Default. If there are no children in common and no property to distribute, your case will get set for a final hearing with the Judge.

You must file a Paternity Settlement Agreement before you receive a Final Judgment. If you and the Respondent do not execute an Agreement on your own, you will be sent to Mediation. At Mediation, you will draft a written Agreement including all children issues of time sharing, parental responsibility, and child support. After you file the complete Marital Settlement Agreement, your case will get set for a final hearing with the Judge.

If you have children in common and / or property to distribute, you must file a Marital Settlement Agreement before you receive a Final Judgment. If you and the Respondent do not execute a Marital Settlement Agreement on your own, you will be sent to Mediation. At Mediation, you will draft a written Marital Settlement Agreement that will distribute all of your marital assets, liabilities, property, and support. All children issues of time sharing, parental responsibility, and child support will be part of this Agreement. After you file the complete Marital Settlement Agreement, your case will get set for a final hearing with the Judge.

If Mediation was not successful the Court may set a Case Management Conference hearing. At this hearing you will have an opportunity to speak with the Judge about the issues in your case.

Also, your case may be referred to a General Magistrate for a variety of purposes (timesharing issues, child support, alimony, etc.) before being heard by the judge. The General Magistrate will generate a report for the judge’s review on whatever referral was made and the judge will typically ratify this recommendation if it meets the judge’s approval.

Click here for more information on General Magistrates.

Your case may go to trial. At the trial, you will have a final chance to speak to the Judge in your case. The Judge will make a final determination of all outstanding issues.

LINK TO LIST OF CLASSES FROM WEBSITE

Copies of final judgments can be purchased through the Miami-Dade County Clerk of Court at the Lawson E. Thomas Courthouse Center, Family Court, 175 NW 1st Avenue, 14th Floor, Miami, FL 33128 or any of the District Offices.

Copies may also be purchased online here.

A petition for modification, enforcement or contempt will need to be filed with the court for the matter to be addressed. The Family Self-Help Project will assist you in filing any post-judgment motions for modification or enforcement.

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