Are you an unmarried father worried about where you stand? The fear of losing a vital connection with your child can feel like a constant weight on your shoulders. However, in Florida, establishing legal paternity is the only way to protect your rights to custody, visitation and shared decision-making. Without it, you are essentially a legal stranger to your own child. While many associate establishing paternity with unmarried parents, it can also fundamentally affect the strategy of a Florida divorce.
Paternity proceedings typically occur when someone conceives a child outside of wedlock. The person who believes he is the father will have to either work with the mother to submit paperwork to the state or ask the courts to order genetic testing.
However, paternity proceedings have become increasingly common in divorces as well. If you think you may soon file for a divorce and you have children with your spouse, learning about the role of paternity in your divorce might affect the way you strategize.
Florida typically presumes a husband is the father
In Florida, you can legally be the father of a child without biologically being the father. Under Florida law, marriage results in presumptive paternity when a woman has a child. The husband will be on the birth certificate for a child born to either his wife or an ex-spouse he was married to at the time of conception.
During a divorce, the Florida family courts will continue to assume that the husband is the legal father of the child, with all the responsibilities that go along with that role.
Sometimes, when there has already been an issue with infidelity, a husband can take immediate steps to contest paternity at the time of birth. At other times, the issue of paternity only comes up when the couple divorces.
Are you facing paternity questions?
Every family situation is unique, and it is common to feel unsure about how the law applies to your specific circumstances. You might have questions such as the following:
- Are you actually the father?: If there are doubts, you need to ensure that you are not held financially responsible for a child that is not biologically yours.
- How do you secure participation in the time-sharing schedule?: Without legal paternity, you may have no standing to demand custody or a visitation schedule.
- What about child support?: Establishing legal parentage is the necessary first step to ensuring that a child receives the support they deserve.
Getting the right answers to these questions requires a lawyer who understands the nuances of the Florida court system. Attorney Kenneth J. Louis has spent years helping parents clarify their legal status and protect their relationships with their children. Whether you need to prove or contest paternity, he provides the local knowledge needed to help you move forward.
Protect your rights as a father – schedule your free consultation by calling 954-546-7328.
Paternity testing could alter your family dynamics
There are multiple scenarios in which someone might question paternity as part of a divorce. A woman who intends to divorce her spouse and marry the biological father of the child may want to legally establish that the spouse she is divorcing is not the father. A man listed on the birth certificate as the father who now has questions about his paternity may also want to determine whether he is the biological father.
Those parties hoping to change or de-establish paternity will often need to perform their own genetic testing and include the results in their filing with the courts. The outcome of those tests and any hearings that follow could also have implications on custody rights and support. The court may change legal paternity for the child, or it might acknowledge the biological parent while leaving legal parentage the same, depending on which situation better suits the best interests of the child.
Paternity issues can complicate your divorce and custody issues, so you will need to look carefully at your legal and family situation before taking action.
Common paternity questions
Below are answers to some of the most common questions parents ask about Florida’s paternity laws.
Do I need a lawyer to establish paternity?
While you can technically file the paperwork on your own, a lawyer helps ensure that your rights to custody and time-sharing are settled at the same time. This prevents a situation where you are legally the father but still have no court-ordered schedule to see your child. Reach out to The Law Office of Kenneth J. Louie to discuss your specific case.
How long does paternity testing take?
DNA results are usually back within a few weeks, but the legal process to have those results recognized by a judge depends on how quickly the other party cooperates. Kenneth can help you push the process forward if things get stalled. Reach out now to discuss your specific situation.
What rights do I have once paternity is established?
Once you are determined the legal father, you have the standing to ask the court for a formal visitation schedule and shared decision-making power regarding the child’s health and education. It effectively puts you on equal footing with the mother. Contact The Law Office of Kenneth J. Louie to discuss your specific needs.
Next steps: Establishing your rights
If you are an unmarried father, being a “biological dad” is not enough to give you a say in your child’s life. You have to become their “legal father.” Gaining this status usually involves filing a Petition to Determine Paternity, a form that will give you a seat at the table when making decisions for your children.
Kenneth can help you secure these protections. He handles the full spectrum of family law, from initial paternity filings to ongoing custody and child support disputes. Act now to get started. Your rights as a parent depend on taking this legal step as soon as possible.
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Learn more about how the lawyer at The Law Office of Kenneth J. Louie can help you with paternity on this page.