It has become common for unmarried people to have children. Sometimes, the parents stay together as a couple and raise their kids. In other cases, one parent, commonly the mother, raises the child alone.
A child born to unmarried parents has only one legal parent unless the mother and father take measures to acknowledge their child’s paternity. If you are in this situation and wish to take the next steps, our hardworking family attorneys can explain the law and help you ensure your child has the protections that come with having two legal parents. Talk to a Florida paternity lawyer today to learn more.
The Law Regarding Paternity
When a single woman gives birth to a child, she is the sole legal parent. If the father wants to establish a relationship with the child, both parents can sign an Acknowledgment of Paternity before a notary or two witnesses and file it with the Bureau of Vital Statistics.
When the parents do not submit an Acknowledgment of Paternity, the father and child have no rights regarding each other. This means the father has no right to legal or physical custody of the child and the child cannot inherit from the father.
Acknowledging paternity allows the father to seek custody rights and participate in the child’s upbringing. In addition, it obligates him to pay child support and entitles the child to inherit and collect benefits to which the father may be entitled, such as disability or veteran’s benefits.
When the Child’s Mother Is Married to Someone Else
A baby born to a married woman is legally presumed to be the child of the husband and wife. The husband will be the child’s legal father unless either spouse takes steps to object to the husband’s paternity or establish the child’s biological paternity. Any Floridian facing this type of paternity situation should seek help from professional legal counsel.
Establishing Paternity in Court
Florida Statute § 742.011 allows either the parent or the child to bring an action in court asking a Judge to issue a determination of parentage—the person seeking to establish paternity files a petition with the court seeking the declaration.
In many cases, the parents agree on the identity of the father, and they enter an agreement regarding child support and other matters before the court holds a hearing. A knowledgeable paternity attorney in Florida can help parents negotiate a resolution. When talks are successful, each can submit their agreement to the court and the Judge will approve it if it supports the child’s best interests.
When the parents dispute paternity, the court orders a genetic test, which must indicate a 95 percent or greater possibility the man is the child’s father. If so, the judge will issue the declaration of parentage and child support orders. The father may seek full parental rights, including custody.
Custody Rights Depend on the Child’s Best Interest
Once a court has determined a man is a child’s father, he owes child support to the mother. However, the father does not automatically obtain the right to spend time with the child or have a relationship with him or her.
When the father wants parental rights, he must ask the court to grant them and the mother can object. The judge would consider both parents’ arguments when deciding, but their primary consideration must be the child’s best interests.
When the man has developed a relationship with the child, a court might be more likely to grant parenting time or visitation than if they had no prior relationship. However, if a mother can prove that contact with the father could be destabilizing for the child or expose them to physical or emotional danger, parenting time or visitation for the father is less likely. Any parent dealing with a paternity-related issue should seek representation from a dedicated Florida lawyer.
Get Connected with a Florida Paternity Attorney Today
Although the stigma that was once attached to the children of unmarried parents has largely disappeared, these kids still benefit when they have two legal parents. To establish who the parent of a child is and who has custody rights, unmarried individuals must take specific legal measures.
Contact The Florida Probate & Family Law Firm to schedule a free case evaluation today. Our diligent Florida paternity lawyers can explain the legal process and help you achieve your parental goals.