Undoing Paternity

Becoming a parent is no small event, and while most couples happily welcome a new child, the same amount of joy may be lacking for men unsure of the child’s paternity. Paternity, from a legal standpoint, typically refers to establishing a legal father for children born out of wedlock. Children born to married couples are automatically assumed to be fathered by the husband, so paternity is not normally questioned. Further, men in good relationships, both married and unmarried, rarely question the paternity of the child. A declaration of paternity brings with it two consequences: it creates an ongoing obligation to financially support the child, and grants the man the right to visitation. This designation can become problematic if the relationship later ends and the purported father learns the child is not really his. This knowledge does not automatically end the man’s legal rights and obligations towards the child. Rather, to be relieved of this status, the man must file a petition in court to disestablish paternity so he is no longer considered to be the legal father. Because courts are primarily concerned with maintaining the well being of a child, disestablishing paternity is not particularly easy, but it will be done if certain conditions are met. An overview of what a man must prove before a court will consider severing paternity of a child, and common factors that derail petitions for disestablishing paternity, will follow below.

Conditions to Disestablish Paternity

The mother and child have an important interest in keeping the purported father in their lives – the mother likely needs the financial support, and the child benefits from having two parents. As a result, a man must initiate a petition to disestablish paternity within two years of the child’s birth or of learning the child may not be his. Additional requirements include:

• the father must submit an affidavit stating that he discovered evidence that put paternity into question after it was established;
• genetic testing must be performed, either voluntarily or by court order, to determine if the man is biologically related to the child;
• the man must be current on child support, if he is obligated to pay;
• the man did not adopt the child; and
• the child was not conceived by artificial insemination while the man and the mother were married. In this instance, the law says the man becomes the legal father at the time of conception, instead of when the child is born, the point used to determine paternity in natural pregnancies.

Issues Prompting Denial

However, a father can meet all of the requirements listed above and still have his petition to disestablish paternity denied. A court may reject a petition if any of the following are proven to be true:

• the legal father blocked the biological father from asserting his parental rights;
• the man married the mother, if unmarried at the time of the child’s birth, and held himself out as the child’s father;
• the man permitted his name to be listed as the father on child’s birth certificate;
• the man acknowledged paternity in a sworn statement;
• the man signed a voluntary acknowledgement of paternity; or
• the man ignored a notice from a court or State agency that asked him to submit to genetic testing.

Get Legal Advice

Being a child’s parent is a big responsibility, and if you have questions about the paternity of your child, talking to a family law attorney is the most direct route to getting the information you need. Courts take paternity very seriously because of what is at stake – the child’s well being, and will highly scrutinize requests to take that stability away. The Tampa Bay law firm All Family Law Group, P.A. has experience in paternity matters, and will diligently work to achieve the best possible result.  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+

Paternity – Child Support and Timesharing

Parenting brings many pleasures as well as responsibilities. When parents are married to each other when the child is born, paternity is not typically an issue. However, when a baby is born to unmarried parents, paternity is not definite until it is established legally. If both parents agree, they can sign a form called a voluntary acknowledgment of paternity. This form, once properly completed and notarized, must be submitted to the court. If parents are not able to agree as to this solution, either parent may take the matter to court to establish paternity.

Establishing Paternity

The mother, alleged father, a legal representative, or the Florida Department of Child Support Services may start the legal process of establishing paternity. The process begins by filling out and filing a petition to determine paternity. When a case is started the court will order DNA testing for the mother, father, and child. In a situation where the child is not yet born, the case can be started but cannot be completed until after the birth. Once paternity is established the court may also make decisions regarding other issues such as custody, child support, visitation, and health insurance.

Paternity Rights and Responsibilities

Both parents have the right to spend time with their children, unless there is some situation preventing it. In addition to spending time with the children, parents are able to make important decisions regarding such things as medical care, education, and religion. Additionally, both parents must provide for their children. Under Florida law, when a paternity case is settled in court the judge has the ability decide issues related to custody and visitation. If these are not part of the order the mother has full legal custody of the child. For this reason it is important for fathers to take part in these proceedings and gain visitation and the ability to make decisions for the child.

Child Support and Timesharing

Once paternity is established it comes with obligations by both the mother and father.  Child support and timesharing are two separate issues that must be resolved either by the agreement of the parties or by order of the court.  A Parenting Plan must be filed in all cases involving children.   Furthermore, it is important to initially set up a timesharing arrangement that allows both parents time to spend with the child, as modification of a timesharing schedule may be difficult once a final judgment is entered.

Paternity Disputes

With today’s technology, paternity can be more easily established and is less likely to be wrong. Sometimes, fatherhood may be disputed. When this occurs it is usually necessary to seek guidance from a qualified paternity attorney. The court requires DNA testing be done according to strict standards and if not properly followed, the case could become lengthy and expensive. If you are not certain that you are the father of a child it is best to find out as soon as possible. You will be required to respond and provide proof in court, if the mother disputes that you are the father. These issues can be complex and emotional so they are best handled quickly and as early in the life as possible.

If you need to establish paternity or defend claims of paternity it is helpful to seek guidance from a qualified attorney. Contact the Tampa divorce 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+