Paternity

The common law also establishes the “marital paternity presumption,” which holds that a child born during a marriage is the offspring of the husband. Therefore, even if a child is born as a result of the wife’s adulterous affair, the child is recognized as a legitimate child of the marriage. Under the “marital paternity presumption,” when a child is born to a married couple, it is assumed that the husband is the father of the child and the law assigns complete rights, duties and support obligations to the husband. The paternity presumption, however, can be rebutted by evidence to the contrary. The paternity presumption can be set aside on the grounds that the husband was not in fact the father.

If you believe that you may be a father to someone’s unborn child, but you know that you want to protect your parental rights should it turn out to be the case, then you must register with the Putative Father Registry. In the case of an unwed father who want to establish a parent relationship and want rights to spend time with their children, the Court has to establish paternity. In either case, a Petition for Paternity must be filed to begin this process. The father may voluntarily acknowledge paternity in a legal document filed with a court or may agree to have his name listed as the father on the child’s birth certificate.

In the case of an unwed mother, a man may come forward and accept the paternity of the child, the mother may petition the court for a determination, or paternity can be determined by estoppel over time. In some cases, paternity may be in dispute by the father. If you do not believe that you are the Father of the unborn child, you may challenge that paternity by a DNA test after the child is born.If the man disputes fatherhood, the mother or the state government may initiate a legal proceeding, known as a paternity action, to adjudicate fatherhood. A paternity action may also be started by a Mother seeking child support from the child’s Father. In paternity legal proceedings, some finances will have to be disclosed, and mediation will likely be the place where the details are settled. In paternity cases, Florida law does not favor one parent over another. The only issues that will need to be determined are child support, including health insurance and day care expense, along with uncovered medical/dental bills and a time-sharing schedule.