Category Archives: Paternity
What Are Your Rights As An Unmarried Father In Florida?
A common misconception is that both parents automatically have rights to a child after childbirth, even if the parents are not married when the child is born. When a child is born out of wedlock, Florida law automatically recognizes the biological mother as the legal custodian. The unmarried mother has sole legal custody even… Read More »
Can A Paternity Test Be Incorrect?
Yes, while paternity tests are reliable and correct most of the time, sometimes they can be wrong. The same can be said about most other tests, as no test can be 100% accurate. A paternity test can be wrong due to human error, mistakes made while collecting the DNA, and other factors. If you… Read More »
How to Request a DNA Test to Establish Paternity in Florida?
In Florida, a child born to unmarried parents does not automatically have a legal father. As a result, the father must take action to establish paternity. Unmarried parents can establish paternity by signing the Voluntary Acknowledgement of Paternity form. However, this method of establishing paternity is possible when both parents agree on who is… Read More »
Establishing Paternity When an Extramarital Affair Results in a Child
Oftentimes, married people cheat on their spouses when they get caught up in the heat of the movement. Other times, people have an extramarital affair when contemplating a divorce. Either way, things can take an unexpected turn when someone gets pregnant as the result of an extramarital affair. When a child is conceived as… Read More »
Disestablishing Paternity in Florida to Terminate the Child Support Obligation
In some situations, a father may need his paternity to be disestablished. But why? Let’s review an example. When an unmarried couple has a child, the paternity will be established at birth, either through genetic testing or voluntarily. If paternity was established, the father assumes the obligation to provide for the child. If the… Read More »
Does an Unmarried Father Have the Right to Stop an Adoption in Florida?
For married fathers, parental rights are automatically granted when their wife gives birth. A married mother cannot put a child up for adoption unless she has the consent of the legal father (her husband) or has good cause to take action to get her husband’s parental rights removed. For unmarried fathers, establishing parental rights… Read More »
How Does a Married Man Prove He is Not the Father of a Child?
If a married woman gives birth in Florida, her husband is assumed to be the father of the child. The husband at the time of the birth is automatically granted the parental rights and parental responsibilities. This is true even if the couple gets divorced soon after the birth; the parental rights and responsibilities… Read More »
What Do I Need to Do to Prove I am the Father in Florida?
Establishing paternity for a child is not always an easy process. As a father, or potential father, what you will need to do will depend entirely on the specific circumstances of your case. In this post, our Orlando paternity lawyer explains the different ways in which you can establish paternity under Florida law. Proving… Read More »
What Are the Rights of an Unmarried Father in Florida?
Legally speaking, there are “putative” and “biological” fathers. A putative father is someone who is presumed to be the father of an illegitimate child (i.e. offspring of unmarried parents). A biological father is one whose genes have been transmitted to the child, as opposed to adopting the minor. Establishing Paternity An unmarried father with… Read More »
Every child deserves to have a father, and when you establish paternity you give rights to the father, mother, and child in the family. Some of the benefits of establishing paternity include gaining information regarding medical history, knowing the identity of the child’s father, establishing inheritance rights, possible health or life insurance, and child… Read More »