Legal Question in Family Law in Florida

Re: single fathers rights.

I have a number of similar cases. I am assuming that you and the mother were never married. If you were then my answers would change. I can't comment on why the Judge did what he did because I did not hear your lawyers arguments. As long as you had a full hearing and had all your witnesses then the Court can rule. If you had witnesses to relevant matters in the hall then you may have a case to rehear - but the judge is likely to do the same thing.

The appropriate timesharing for young children of that age is generally felt to be 4-5 times per week for 4 hours per time. I do not agree with that but many judges follow it. The last time I looked, the statute says to hyphenate the name when both parties want to use their last names. The test is the child's best interests - which requires arguing at trial - not your's. Your name goes last I believe. You can always agree with the mother to have it changed - if it takes money then make sure you get it in writing and get an order and reissue the birth certificate. There is generally something she will want that you can trade for. In fact, you and the mother can agree to almost anything to change but get it in writng and get an order approving it (which should be no trouble if it's agreed and legal).

If you already had a final hearing by a Judge - not a master - than a rehearing is a waste of money most likely. The Court has very broad discretion to do these things. Visitation can be modified upon a change of circumstances which in your case would be the child's age. I don't know the mother's situation but later on you may wish to have the court do an evaluation for more visitation. Getting one overnight now is good, actually. In some months you can agree with the mother to change, if she gives more time you can ask the court to order what the two of you have been doing, or merely ask the court to expand the visits to more traditional when the baby is about 2.

As for child support, the guidelines change by statute, if you point this out and request it, when the nonresidential parent has 40% or more OVERNIGHTS. Daytime hours are generally not pertinent. That is generally every other weekend and two nights during the week. With half the summer and the other holidays sometimes you need less week time. It's 40% of 365 days. The reduction is substantial.

I have seen many judges - even very good ones - fall asleep or doze off, especially after lunch. One needs to accidentally slam a book!

Good luck.