Establishing paternity in Florida; under Florida primary law, a legitimate child is born, when a couple is married and experience a child birth while still married together. Accordingly, that child is presumed to be the legal and biological child of both parents. As such, the fathers name goes onto the child’s birth certificate with ease. However, that process can be a little contemptuous if the couple are not married.
Historically fathers have been pushed aside as having very little say toward their child. But, this is ever evolving more and more and the law is recognizing paternal rights more so regarding Establishing paternity in Florida. Of course, this depends much on the legal problem and reason to establish paternal rights in the first place.
Lawyers often hear of a fathers problem when a father walks into their office and says help me, she is keeping my son/daughter away from me. Or during other times when the mother is under investigation by the State for abuse/neglect. During that time the child is presented in danger and must be removed from the home-thus being left with no direct parent-because no legal father exists.
The good news is when a father is looking to prove himself as legitimate, the courts fairly welcome him to establish paternity in Florida. However, no matter the circumstance, in order for the father to be recognized as the child’s legitimate legal father; entitled to have visitation rights-there must be a court order in place.
The courts use three main ways to recognize your rights as a father.
1st. Mentioned above as done through marriage. However, a child “born out of wedlock” (parents are not married) can be legitimatized after the child is born by getting married. Please note though on an unexpected divorce: couples cannot stipulate that the husband is not the father of the child.
2nd. By presenting an official signed affidavit filed with the court asserting your paternity as the child’s father. This can be done any time after birth.
3rd. After a court hears evidence which establishes your paternal rights. However, note, most judges will request a DNA sample be produced to the court if a question arises.
It is important to understand that prior to Establishing paternity in Florida try not to stress to much or “rock the boat” if contention arises. It is important to get with a family law attorney Clermont Fl on this matter since there are plenty of ins and outs to consider.