Paternity

Men can be put in a unique position in which they are uncertain whether or not they are the father. Depending on a couple's situation and relationship history, a man may have varied reactions upon being identified as a father of a child or being denied as the father.

Many men choose to assert their parental rights when they believe are the father of the child. Other times, it may be necessary for a man to dispute their identification as the father. In the situation when a man does not believe he is responsible for the child, a Petition to Disestablish Paternity and/or Terminate Child Support Obligation would be necessary. We are familiar with both of these scenarios, and can assist in paternity testing and/or establishing fair child support and timesharing/visitation arrangements.

In the event you are served with a Petition to Determine Paternity, you are faced with a situation where a mother is alleging you are the father of her child, and must pay child support. If you must dispute a claim of paternity Attorney Adam Hill can help. He understands a man's position in such tough circumstances, and can be counted on to aggressively advocate for the truth and a fair outcome.

FREQUENTLY ASKED QUESTIONS

Q: What is the effect of establishing paternity in Florida?

A: Upon establishment of paternity, the court will create a timesharing and parenting plan. The court will also calculate child support and typically order one party to make monthly (and possibly retroactive) payments to the other parent. Another monetary issue is that of attorney's fees, which may be ordered to be paid by one of the parties.

Q: What is the significance of being named on a birth certificate?

A: There is often a misconception that just because a man is on a birth certificate automatically gives him rights to the child. This is not true. A man's name on a birth certificate does not legally establish any rights of the father. The way paternity is established is either by a signed agreement between the mother and father, or by a court order after a DNA test is completed. 

A man in a disputed paternity situation must understand there is an important difference between being the biological father and legal father. A legal father is one who is recognized by a court as having legal rights to the child (this can be the case even if they are not the biological father). In a situation where a married woman gives birth to a child, the husband is automatically (by law) determined to be the legal father, even if the woman was engaged in an affair. In that case, the biological father can file a paternity action to establish their legal rights to the child.

A man who finds himself in one of these situations should seek the representation of a family law attorney, who can fight to establish a fair child support amount  and parenting plan.