Florida refers to any case in which a Mother gave birth to a child at a time in which she was not married to the child’s Father as a “paternity” case. Florida law requires that paternity be legally established before any rights are given to the Father. Once paternity is established then the Father may have rights and responsibilities to the child such as timesharing and child support.
There are a number of legal issues that arise when a child is born to parents who are not married. Our attorneys have expertise and experience in representing mothers and fathers in this situation, and handling all legal issues that such actions entail.
For instance, prior to legitimation of a child born out of wedlock, the mother is entitled to custody of the child, and she exercises all parental power over the child. The father may seek custody and/or visitation of the child through a legitimation suit. In such case, the court can declare the child legitimate, specify the child’s name, and order the child and father capable of inheriting from each other.
The mother may obtain child support from the father through a paternity suit. Upon a finding or acknowledgment that the alleged father is the biological father of the child, the court may issue an order designating him as the father of the child, and imposing a child support obligation upon him.
If you have additional questions about paternity, please contact our office at 561-819-6208 to schedule an initial consultation or go to our contact page.
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