The Rights Of A Biological Father In Florida
This article will cover:
- A father’s legal rights when a child is born in Florida
- How to establish paternity in Florida.
- Child support and time-sharing arrangements once paternity is established in Florida.
What Are The Biological Father’s Rights When A Child Is Born In Florida?
In the state of Florida, the father does not have any legal rights to parental responsibility or time-sharing unless he asserts those rights as a matter of law. Even if the father’s name is on the child’s birth certificate or the child has his last name, this does not give him any legal rights for time-sharing or parental responsibility in the state of Florida. The mothers have sole parental responsibility and legal rights of children who are born out of wedlock until the father asserts his rights.
How Can A Father Establish Paternity In Florida?
To establish paternity, we need file a petition for paternity to first establish the Father is the biological legal father of the child. This includes the right to be involved in decision-making related to education, medical, and religious decisions. The next step is to establish time-sharing, which determines when the child will be with the father and when the child will be with the mother.
Can A Potential Biological Father Demand Or Refuse A Paternity Test In Florida?
Upon filing a petition to establish paternity, we could also file a motion to require genetic testing or DNA testing to determine paternity of the child and whether or not the father is the biological parent of the child.
Once Paternity Is Established, Is A Biological Father Required To Pay Child Support And Any Back Child Support Or Child Support Arrangements In Florida?
Once paternity is established, the first thing we will talk about is parental responsibility, which means that both parties will have to make major decisions regarding the child together. The next thing we establish is time-sharing, which determines when the child when the child will spend time with both parents.
Once a time-sharing plan is in place, we can determine child support. The number of overnight stays is one of the key components in the child support guidelines. If the parties have equal income and equal time-sharing, neither party should be paying any child support to either parent. Take specific note that, if the Department of Revenue files a case against you, it’s essential to contact me to ensure that you establish parental responsibility and time sharing to adjust the child support calculation.
The courts can establish retroactive support which can be up to two years. The courts will take 20% of the ongoing child support amount and make the party pay an additional 20% until the arrears are paid off.
Does Establishing Paternity In Florida Mean I Can Have Custody Of The Child?
In Florida, we do not have courts that award custody. The courts award parental responsibility, which means the two parties will have to talk to one another regarding major decisions such as education, medical, religious, extracurricular and counseling decisions and all other factors unique to the child.
For more information on Rights Of A Biological Father In Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (239) 334-4383 today.