Paternity is the legal establishment of parental rights of a child’s biological father. When the mother and father of a child are married, the mother’s husband is presumed to be the biological father of the child, although this may be refuted. However, when a child is born out of wedlock, the mother is the natural, legal custodian of the child and the biological father of the child does not have legal rights until paternity has been established. Similarly, there is no legal obligation for the father of a child born out of wedlock to pay child support until paternity of the child has legally been established.
Paternity cases can be very frustrating and emotion for both parties. Until paternity has been established, there is no visitation schedule or parenting plan in place that allows the father timesharing with the child. Likewise, until paternity has been established there is no order obligating the biological father of the child to pay child support.
Either the mother of father of a child may initiate a paternity action. Paternity of a child born out of wedlock must be legally established in order for the child’s biological father to have parental and visitation rights. This is done by filling a Petition to Establish Paternity.
The establishment of paternity also obligates the biological father of the child to pay child support, assuming the child resides with his/her mother. A paternity action is the proper legal mechanism to be used by a mother seeking the father of her child to pay child support.
The establishment of paternity may also include other issues, such as DNA testing, legal actions brought against fathers by the Florida Department of Revenue, and the legal name change of a child once paternity has been established.
Once paternity has been established, the court then establishes a parenting plan and visitation (now called timesharing) schedule, along with ordering child support pursuant to Florida’s child support guidelines. The court will establish a parenting plan and visitation schedule based upon what the court believes is in the best interest of the child. The father of a child born out of wedlock may also obtain custody of a child through the legal action establishing paternity.
Mindi Lasley, P.A. is experienced in representing both mothers and fathers in establishment of paternity cases. Contact the law office of Mindi Lasley, P.A. to find out what your rights are as a parent.
One of the most frustrating situations you can find yourself in is being obligated to support a child that is not yours. You may find out at a later date that a child that you thought was yours is in fact the child of another man. Or you may be married to a woman who gets pregnant by another man. A Disestablishment of Paternity case would be necessary in one of these situations to release you from the parental obligation of supporting the minor child that is not yours. Cases disestablishing paternity are very complex and there are several requirements that must be met before a court will allow paternity to be disestablished. Mindi Lasley, P.A. is experienced at representing both men and women in disestablishment of paternity cases and will guide you through the legal process, zealously advocating on your behalf. Contact Mindi Lasley, P.A. to schedule a consultation.