Paternity Rights for Men
It is important for men and fathers to understand Florida's laws concerning paternity. This includes your paternity rights and how it impacts your relationship with your child or children.
In Florida, when the mother and father of a child are unmarried, they can voluntarily sign a declaration of paternity establishing they are the parents of that child.
Paternity Actions contain similar components to divorce actions. They involve a legal proceeding in regard to issues such as timesharing, parental responsibility, custody rights, and concerns of child support. It is initiated by either parent, and at times may include DNA testing to validate the biological relationship between the child and the father.
Who can file an action?
- Any woman who is pregnant or has a child,
- A man who has reason to believe that he is the father of a child, or
- Any child may bring proceedings to determine paternity when paternity has not been established.
Then, once paternity is established, the court may determine custody (time sharing schedule and parenting plans), payment of child support (present and retroactive), payment of attorney fees, and costs of bringing the action.
Establishing Paternity Rights for Men
Although having one's name on a child's birth certificate as the Father does establish paternity, it is best to seek a Final Judgment of Paternity so as to also establish your custody rights. Being on the birth certificate does NOT confer any custodial rights if the child was born outside of wedlock.
Conversely, if an individual believes he is not the father of a child, he may contest a child support order through a disestablishment of paternity action. In this action, the father and the child may be compelled to submit to a DNA test in order to determine whether a genetic link exists.
We will represent you through your paternity or disestablishment action and inform you of your rights as a father and what you are entitled to legally.
Understanding Paternity Rights for Men
There are differences between legal and biological paternity.
The legal father of a child is recognized by the court system as the child's father. He has all the legal rights and responsibilities of and to the child whether or not he is the biological father.
The biological father of a child may or may not be the male established by a paternity action to be the legal father of the child.
When a child is born during marriage, the husband is presumed to be the child's father, even if the wife was known to be having an affair during the marriage.
If another individual believes that he is the biological father of the child, he can bring a paternity action to become the legal father. If the judge decides that it is in the best interests of the child for the non-biological father to remain the legal father, then that will be the outcome, unless reversed on appeal.
We Fight for Paternity Rights for Men
Our firm can analyze your particular situation and determine the best course of action to establish paternity. Following a successful action, our firm assists with implementing visitation (time sharing) schedules and modifications in child custody.
If you believe you are the father of a child and wish to ascertain your rights; or if you believe you are not the father and wish to contest child support orders, we can help guide you through the process.
Contact The Men's Rights Law Firm, attorneys focusing on Paternity Rights for Men, about our low hourly rates and to schedule your consultation.
Take action to learn more about Men's Rights.
Our Areas Of Practice Include: