A father and his children
The body of law dealing with the fundamental legal relationship between a father and his children (albeit biological or adopted) is called paternity law. The father has rights and obligations to his children and his children have the right to know their father will provide for them.
Issues that may come up in connection with paternity law are an inheritance, issues of legitimacy, parental responsibilities, the father’s rights to child custody and his obligations in connection with child support.
Will the real father please stand up?
Usually, under common law, a child’s father is considered to be the man that his/her mother is married to.
This can come into dispute, however, during divorce or a separation. Evidence can be obtained to show the contrary, which can have an impact on child custody and child support cases.
A child can also be born in a relationship where the parents are not married. Paternity is then established by:
- The man accepting paternity without dispute with an affidavit of parentage
- A petition filed for the determination of paternity – and the court decides
- Legimitation – where a child’s birth record is updated to state paternity if the parents get married after the birth of the child.
- Genetic testing
Paternity must be proven
In order to receive any support from a presumed father, it must be proven that he is the legal father of the child.
Paternity actions are seldom easy. Litigation of this nature is highly emotional and time-consuming and is often met by hostility by the assumed party.
We can help
An experienced attorney such as Kimberly Schultz can negotiable on your behalf. She will guide you through this complex process and defend your rights.
Should paternity be proven, Kimberly Schultz will assertively seek out the obligatory child support payments in order to ensure that your child is well provided for as it should be under Florida State laws.
Contact us today for an initial consultation to access your situation.