How Unwed Fathers Gain Custody Rights Over a Child

Learning that one is about to become a parent is an exciting and nerve-racking time. Anticipating the child and thinking of all the hopes and dreams a parent may have is a very emotional experience, but if the parent is an unwed father, the opportunity to participate in his child’s life is not guaranteed. The path to legal parenthood for unwed fathers requires the establishment of paternity. Establishing paternity grants a man legal rights and obligations over a child from birth to adulthood. In contrast, mothers and married men are automatically granted full custody and decision-making rights over a child upon birth, reflecting state policy in preference of marriage. A recent news story highlights the potential for complications this rule poses in practice. A Florida man is fighting for parental rights over his son from his ex-girlfriend’s husband. The boy’s mother was married at the time of the child’s birth to another man, thus giving her husband rights as the legal father. Generally, state law supports the involvement of both parents in a child’s life regardless of the couple’s relationship status, but does impose additional requirements on unwed fathers to attain these privileges. An overview of the available methods to establish paternity in Florida will follow below.

Acknowledgement of Paternity

The simplest way to gain paternity over a child is to file an Acknowledgement of Paternity with the Florida Department of Health’s Office of Vital Statistics. In order for this form to be valid, both the mother and presumed father must sign it in the presence of two witnesses, or have it notarized. By signing this document, the father is accepting full rights and responsibilities over the child, including the obligation to provide financial and medical support until the child is an adult. In return, the father is granted the right to request custody and visitation with the child. Both parties have the right to withdraw their consent to the acknowledgement of paternity within 60 days of executing the document. Once this time has passed, paternity is established and can only be challenged in court on the basis that the form was signed due to duress, fraud or mistake of fact.

Petitioning a Court and Genetic Testing

The other principal method of establishing paternity is through a court order. This is a more complicated process, and is typically used when there is a dispute over the child’s paternity. To determine if the child is in fact biologically related to the alleged father, the court will look at the circumstances of the parties’ personal relationship to see if the child is a likely result. In addition, either the court or the parties may request genetic testing. The test results are admissible as evidence of paternity, and if they show the man is related to the child by the statistical probability of 95 percent or higher, paternity is presumed. Both parties have the right to challenge the results and request further testing, but also have the responsibility for paying the costs for the new analysis.

Get Help

If you have questions or concerns about the paternity of your child, consult an experienced family law attorney to ensure your legal rights are fully protected. Many rights and responsibilities are attached to this designation, which means it should not be initiated lightly. The Tampa Bay law firm All Family Group represents mothers and fathers in these matters, and is available to help you to determine the appropriate next steps.  Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

by Lynette Silon-Laguna Google+

The Importance of Establishing Paternity in Child Custody and Support Cases

It seems almost self-evident that children thrive more in homes that have mothers and fathers in place to support and guide them. Ideally, all children would have the chance to live with both parents in a loving environment, but reality is often much harsher. Couples cannot always stay together, and marriage does not automatically guarantee happily ever after. For children born to unwed parents, the situation is complicated by the fact that unmarried men are not assumed to be the father of a child born to their partners. This gap in legal recognition can create problems when it comes to child custody and support issues. All legal parents have rights and obligations over their child, but without this designation, there is no way to exercise or enforce these legal measures. Florida law has several options available to prove a child’s paternity, some of which are voluntary and others that can occur on an order from a court. If the mother wishes to seek child support, or the father wants to secure visitation, paternity must first be established. Consequently, this issue is of critical importance to the wellbeing of the child.

Acknowledgement of Paternity

The simplest and easiest way to establish paternity requires the parents to file an acknowledgement of paternity with the Florida Department of Health, Office of Vital Statistics. This form must be signed by both parties in front of two witnesses or a notary public. Filing this form creates a legal presumption that the man signing it is the child’s father, and is assuming all the rights and responsibilities of a legal parent. Either party has 60 days from the time the form was signed to rescind this acknowledgement. After this time, it can only be challenged in court on the basis of fraud, duress, or mistake, which is very difficult to prove.

DNA Testing

If the alleged father is challenging paternity or refuses to take responsibility for the child, it may be necessary to obtain a DNA test to confirm paternity. If the mother is just seeking child support, and the alleged father has no interest in participating in the child’s life, the Department of Revenue will assist with genetic testing without the cost of going to court. If, however, the father wants an active role in the child’s life, the paternity dispute would need to be settled in court. The judge would order the mother, alleged father, and child to submit biological samples to a qualified laboratory for analysis. Results that state the statistical probability the man is the father by 95 percent or higher creates a presumption of paternity that can only be challenged with additional testing. Once paternity is established, the mother can petition the court for a child support order, and the father would have right to ask the court for custody and visitation rights.

Putative Father Registry

Finally, if man believes a woman is pregnant with his child, but they are unmarried, and he is worried she will give the child up for adoption without his knowledge, Florida has a registry he can access to preserve his rights. The Florida Putative Father Registry allows the unmarried man to add his name to registry, which means he is claiming paternity, so that he preserves his right to receive notice of any impending adoption. With this information, the man can oppose adoption and seek custody of the child if he so desires. Importantly, he can claim paternity at any time before the child’s birth, but this right terminates once a petition to terminate parental rights is filed.

Get Help

Whether you need to establish paternity for child support purposes or to claim parental rights, work with a family law attorney on this issue to ensure your legal rights are fully protected. The All Family Law Group, P.A. in Tampa is highly experienced in these matters, and can advise you on your options.  Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+