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Frequently Asked Questions to a Melbourne Divorce Attorney

Melbourne and Cocoa Florida Family law and divorce help

I want a divorce. Do I need an attorney?

Yes.  Divorces can be complicated. A Tucker Mitnik, P.A. Cocoa divorce attorney can provide valuable divorce advice in Cocoa,  Melbourne, and the surrounding eastern Florida areas. We protect your rights and the rights of your children throughout the process.

My spouse and I both want custody of our children after our divorce.  How will the court determine who wins custody?

Under Florida law, both parents have an equal right to custody. The court decides what is in your children's best interest based on the specific facts of your case. Tucker Mitnik, P.A. Melbourne family lawyers counsel clients through each part of the Melbourne divorce process, including custody decisions.

I am the custodial parent. Am I permitted to deny visitation?

The purpose of visitation rights is for children of a divorced couple to understand they have two parents who are entitled to love their children and be loved in return. If the children come back from a weekend with their non-custodial parent and are upset or tell you they do not want to go anymore, that is no reason to deny visitation unless their health and welfare are endangered by the visitation. If you are having a disagreement with your ex or harbor ill feelings, that is no reason to deny visitation.  The noncustodial parent is entitled to reasonable visitation. That means if he or she wants to see your child in the middle of the night or is drunk or stoned, you do not have to permit visitation.

As the noncustodial parent can I decide not to accept visitation?

You are entitled to reasonable visitation.  If you are unable to comply with the visitation schedule, you and your ex might be able to work out alternative arrangements.  Remember your children deserve the love of both their parents.

I have been divorced for a while and would like to change some of the provisions in the divorce decree. If my ex and I agree, would the changes be valid?

After your divorce, you might find it necessary or desirable to modify one or more of the stipulations in your divorce decree, property settlement, or custody and support arrangements.  You must follow proper procedure if you want that modification or set of modifications to be valid.  An experienced Cocoa divorce lawyer can work with you to ensure your desired changes are valid.

What is involved in a paternity test?

Paternity is determined by a simple DNA test that takes only a few minutes. The test typically involves gently wiping the inside of the mouth with a swab or collecting a small amount of blood. Samples are required from the mother, the child, and the man who is believed to be the father. Test results are usually available in four to six weeks.

Contact Divorce Attorneys of Tucker Mitnik, P.A. today

Finding a Melbourne divorce attorney you can trust with your divorce, criminal, or family law case is crucial. At the Melbourne, Florida law firm of Tucker Mitnik, P.A., we are dedicated to providing strong, compassionate legal support and divorce advice to our clients. We fight aggressively on your behalf, and we are never too busy to answer a question or discuss your case with you. 

Contact us today for experienced legal help with your Florida divorce, criminal defense, or family law case. 

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