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FL Laws Rules

FL Laws Rules

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Published by Theresa Martin

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Published by: Theresa Martin on Oct 19, 2008
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12/27/2013

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Fla.R.Civ.P.Title VJUDICIAL BRANCH Chapter 39PROCEEDINGS RELATING TO CHILDREN View Entire Chapter 39.0139 Visitation or other contact; restrictions.--(3) PRESUMPTION OF DETRIMENT.--(a) A rebuttable presumption of detriment to a child is created when a parent or caregiver:1. Has been the subject of a report to the child abuse hotline alleging sexual abuse of anychild as defined in s. 39.01;2. Has been found guilty of, regardless of adjudication, or has entered a plea of guilty or nolo contendere to, charges under the following statutes or substantially similar statutes of other  jurisdictions:a. Section 787.04, relating to removing minors from the state or concealingminors contrary to court order; b. Section 794.011, relating to sexual battery;c. Section 798.02, relating to lewd and lascivious behavior;d. Chapter 800, relating to lewdness and indecent exposure;e. Section 826.04, relating to incest; or f. Chapter 827, relating to the abuse of children; or 3. Has been determined by a court to be a sexual predator as defined in s. 775.21 or hasreceived a substantially similar designation under laws of another jurisdiction.(b) For purposes of this subsection, "substantially similar" has the same meaning as in s.39.806(1)(d)2.(4) HEARINGS.-- A person who meets any of the criteria set forth in paragraph (3)(a) may visitor have other contact with a child only after a hearing and an order by the court that allows thevisitation or other contact. At such a hearing:(a) The court must appoint an attorney ad litem or a guardian ad litem for the child if one has notalready been appointed. Any attorney ad litem or guardian ad litem appointed shall have specialtraining in the dynamics of child sexual abuse.(b) The court may receive and rely upon any relevant and material evidence submitted,including written and oral reports, to the extent of its probative value in its effort to determine theaction to be taken with regard to the child, even if these reports and evidence may not becompetent in an adjudicatory hearing.(c) If the court finds the person proves by clear and convincing evidence that the safety, well- being, and physical, mental, and emotional health of the child is not endangered by suchvisitation or other contact, the presumption in subsection (3) is rebutted and the court may allowvisitation or other contact. The court shall enter a written order specifying any conditions it findsnecessary to protect the child.
 
(d) If the court finds the person did not rebut the presumption established in subsection (3), thecourt shall enter a written order prohibiting or restricting visitation or other contact with thechild.(5) CONDITIONS.-- Any visitation or other contact ordered under paragraph (4)(d) shall be:(a) Supervised by a person who has previously received special training in the dynamics of childsexual abuse; or (b) Conducted in a supervised visitation program, provided that the program has an agreementwith the court and a current affidavit of compliance on file with the chief judge of the circuit inwhich the program is located affirming that the program has agreed to comply with the minimumstandards contained in the administrative order issued by the Chief Justice of the Supreme Courton November 17, 1999, and provided the program has a written agreement with the court andwith the department as described in s. 753.05 containing policies and guidelines specificallyrelated to referrals involving child sexual abuse.(6) ADDITIONAL CONSIDERATIONS.--(a) If a party or participant, based on communication with the child or other firsthandknowledge, informs the court that a person is attempting to influence the testimony of the child,the court shall immediately suspend visitation or other contact. The court shall then hold ahearing and determine whether it is in the best interests of the child to prohibit or restrictvisitation or other contact.(b) If a child is in therapy as a result of any of the allegations or convictions contained in paragraph (3)(a) and the child's therapist reports that the visitation or other contact is impedingthe child's therapeutic progress, the court shall convene a hearing within 7 business days toreview the terms, conditions, or appropriateness of continued visitation or other contact.===============Florida ConstitutionARTICLE I - DECLARATION OF RIGHTSSECTION 9. Due process.--No person shall be deprived of life, liberty or property without due process of law, or be twice put in jeopardy for the same offense, or be compelled in any criminalmatter to be a witness against oneself.SECTION 13. Habeas corpus.--The writ of habeas corpus shall be grantable of right, freely andwithout cost. It shall be returnable without delay, and shall never be suspended unless, in case of rebellion or invasion, suspension is essential to the public safety.===============Title XLIIIDOMESTIC RELATIONS Chapter 742DETERMINATION OF PARENTAGE View Entire Chapter 742.10 Establishment of paternity for children born out of wedlock.--
 
(1) This chapter provides the primary jurisdiction and procedures for the determination of  paternity for children born out of wedlock. When the establishment of paternity has been raisedand determined within an adjudicatory hearing brought under the statutes governing inheritance,or dependency under workers' compensation or similar compensation programs, or when anaffidavit acknowledging paternity or a stipulation of paternity is executed by both parties andfiled with the clerk of the court, or when an affidavit, a notarized voluntary acknowledgment of  paternity, or a voluntary acknowledgment of paternity that is witnessed by two individuals andsigned under penalty of perjury as provided for in s. 382.013 or s. 382.016 is executed by both parties, or when paternity is adjudicated by the Department of Revenue as provided in s.409.256, such adjudication, affidavit, or acknowledgment constitutes the establishment of  paternity for purposes of this chapter. If no adjudicatory proceeding was held, a notarizedvoluntary acknowledgment of paternity or voluntary acknowledgment of paternity that iswitnessed by two individuals and signed under penalty of perjury as specified by s. 92.525(2)shall create a rebuttable presumption, as defined by s. 90.304, of paternity and is subject to theright of any signatory to rescind the acknowledgment within 60 days after the date theacknowledgment was signed or the date of an administrative or judicial proceeding relating tothe child, including a proceeding to establish a support order, in which the signatory is a party,whichever is earlier. Both parents must provide their social security numbers on anyacknowledgment of paternity, consent affidavit, or stipulation of paternity. Except for affidavitsunder seal pursuant to ss. 382.015 and 382.016, the Office of Vital Statistics shall providecertified copies of affidavits to the Title IV-D agency upon request.(2) Pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, each party is required to provide his or her social security number in accordance with thissection. Disclosure of social security numbers obtained through this requirement shall be limitedto the purpose of administration of the Title IV-D program for child support enforcement.(3) The department shall adopt rules which establish the information which must be provided toan individual prior to execution of an affidavit or voluntary acknowledgment of paternity. Theinformation shall explain the alternatives to, the legal consequences of, and the rights, including,if one parent is a minor, any rights afforded due to minority status, and responsibilities that arisefrom acknowledging paternity.(4) After the 60-day period referred to in subsection (1), a signed voluntary acknowledgment of  paternity shall constitute an establishment of paternity and may be challenged in court only onthe basis of fraud, duress, or material mistake of fact, with the burden of proof upon thechallenger, and under which the legal responsibilities, including child support obligations of anysignatory arising from the acknowledgment may not be suspended during the challenge, exceptupon a finding of good cause by the court.(5) Judicial or administrative proceedings are not required or permitted to ratify an unchallengedacknowledgment of paternity.===============Title VI

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