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Miami Gardens Florida Form 668-B: What You Should Know

The Family Law Reform Act of 1984, Pub. L. 99-662, 98 Stat. 35 (codified at Code § 654.1), amended section 3113, formerly Subsection (a), of the Civil Practice Act and provided for the dissolution of a husband's action for custody of and support of his minor child while the child is in the custody of an agency, agency support organization or other third party designated in the father's action. Sections 301, 300 and 308 of the Civil Practice Act are amended by amending Subsections (d) and (e), respectively. The original intent of the Family Support Act, and the language of subdivisions (b) through (d), was to protect children who were being abused, neglected, abandoned or otherwise deprived of necessary physical or emotional care, thereby reducing the incidence of these acts of violence at a time when the public and the courts were becoming aware that such acts constituted a serious public health problem. Congress enacted the Family Code to deal with this problem. The amendment to section 3113(a) of the Civil Practice Act is contained in the final section in which the law is codified at codified Title 20, section 654. The amendment is a reversal of a longstanding trend that has led to inconsistent application of this section and to the use of the Uniform Parentage Act (UPA) by some courts. Subsections (d) and (e) of the Family Code are based on the Uniform Parentage Act (UPA). These amendments codify what the Uniform Parentage Act says to protect children and to allow the removal of children from the custody of abusers who have abused the rights of a father in support of their own children. The Uniform Parentage Act, unlike the original Family Code, defines “parent” as the biological spouse of a child, regardless of whether the child is the biological or adoptive mother's child. The Act states that a “mother” shall be the natural mother of a child, and that “father” shall be the natural father of a child, regardless of who was married to the biological mother.

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