Paternity
Understanding Paternity Cases: Actions by Fathers and Mothers
What is a Paternity Case?
Paternity cases are usually for couples who have a biological child together but were never married. While both parties usually know who the father is, and may have even lived together for a while, once the relationship ends, the father might not have any legal rights to the child.
As many in Florida know, signing the birth certificate of a minor child does create a legal presumption of paternity, (which is enough for the Department of Revenue to pursue child support from an unmarried father), but it does not automatically grant full parental rights.
Mother Filing Paternity Action
Without a paternity order, both parents are operating in a “gray zone” considering there is usually no timesharing plan. Without a timesharing plan there is often little clarity between the parents as to who should be picking up the child, who gets to see the child on holidays, who is allowed to attend parent teacher conferences, etc. This dilemma often causes turmoil and stress for all parties involved. When filing a paternity action, you can also use this opportunity to establish child support. Stop living in confusion and look into the possibility of obtaining a paternity order.
If you are thinking about filing a paternity action and or filing for child support, or have been served with paternity papers, call Florida Family Law, PLLC, right now to discuss your options.
Father Filing Paternity Action
To establish a Parenting Plan, the father must file a petition to establish paternity. While fathers have the same right to spend time with their child as mothers do, if no one petitions the court for a judgment to establish paternity, an unmarried father’s legal rights are not fully recognized. If a father doesn’t take this step, it can lead to serious consequences, including the possibility of his rights being terminated if another man comes into the mother’s life and wants to adopt the child or if the mother decides to place the child for adoption. Going through life without a paternity judgment often creates issues related to timesharing, rights to the child, etc. Most of the time, the party who is hurt the most by a lack of a paternity order is the minor child.
If you are thinking about filing a paternity action and or filing for child support, or have been served with paternity papers, call Florida Family Law, PLLC, right now to discuss your options.