subject: Paternity Issues In Fl [print this page] Florida Paternity issues that may arise: Florida Paternity issues that may arise:
When two unmarried adults have a child, Legal issues may arise and paternity may need to be established
Paternity action is filed to allow a parent to protect child custody, visitation, and child support. The paternity action can be filed by a mother or father. Often the father will file the paternity action so that he can establish the legal rights and responsibilities of a Dad, including time sharing arrangements, custody, ect.
In addition, a mother may file a paternity action against a father so that she can receive child support, or limit the visitation rights to the father or father figure.
All Parties can file the court action(whether it is a Father, Mother, child).
Any woman who is pregnant/has a child,
A man who has a reason to believe that he is the father of a child, or
Any child may bring proceedings to determine paternity when paternity has not yet been established.
Then, once paternity is established, the court may determine how custody will play out ,(ie. time sharing schedule and parenting plans), payment of child support (whether present or retroactive), payment of attorney fees, and costs of bringing the action.
A common misconception,is that paternity is established when the Fathers name is placed on the childs birth certificate. While this can be used as piece of evidence to support paternity, the birth certificate alone is just not sufficient.
After the action has been initiated, the following will take place:
If an individual believes he is not the father of a child, he may contest a child support order through a paternity action. In this action, the mother, potential father, and child may need to submit to a DNA test for genetics testing to determine the proper paternity.
The judge, ultimately makes the final decision.
The legal father of a child is recognized by the court system as the childs father. He has all the legal rights and responsibilities of and to the child whether or not he is the biological father. The biological father of a child may or may not be the male established by a paternity action to be the legal father of the child.
When a child is born during marriage, the husband is presumed to be the childs father, even if the wife was known to be having an affair during the marriage. However, if another individual believes that he is in fact the biological father of the child, he may bring a paternity action to become the legal father. If the judge decides that it is in the best interests of the child for the non-biological father to remain the legal father, then that will be the outcome, unless reversed on appeal.
When considering the filing of a paternity action, or if a paternity action has been filed against you, it would be advisable to seek the help of an experienced and competent Tampa Family law Attorney. Contact Denmon & Denmon Trial Lawyers today at 813-554-3232 to set up a consultation. Ask to speak directly to a Tampa Family Law Attorney. Visit us on the web at http://www.denmonlaw.com or http://www.tampa-divorce-attorney.com
