But I Am The Father, Why Don't I Have Any Rights?

-

You may very well be the biological father but does not mean you are the legal father or that you have any legal rights to your child.  It is important that if you are an unmarried father, you immediately establish your legal rights to your child.  In Florida, if a child is born out of wedlock, there is no presumption of fatherhood.  Paternity should be established first and foremost. 

An establishment of paternity can be done in several ways:
  • At the hospital, the “father” and mother when signing the birth certificate also sign an affidavit acknowledging paternity.  This affidavit is notarized and witnessed by 2 individuals.  If you only signed a birth certificate but did not sign this affidavit, you have not established paternity. 
  • The “father” or mother files a petition for paternity through the court.  The parties then either stipulate to paternity or there is DNA testing that is conducted. 
  • The Florida Department of Revenue may commence a paternity proceeding and child support proceeding.

If you do not establish paternity, the mother has all of the legal rights concerning the child and the “father” more than likely has none.  Therefore, even a biological father will likely have no say when it comes to time spent with the child, schooling, travel, or even if the mother decides to move the child out of state.  Paternity must be established before the “father” has a say in any of those things. 

One of the more pressing concerns is that a mother could give the child up for adoption and the “father” would have no recourse.  It is imperative that a “father” preserve his rights by registering with the Florida Putative Father Registry maintained by the Office of Vital Statistics.  This registration will preserve a “father’s” right to notice and consent to an adoption. 

Once paternity is established, this does not automatically mean that parental responsibility or a time-sharing arrangement is established.  It is important that you file for a parenting plan with the court so that you have a time-sharing arrangement for your child and parental responsibility is established.  If you file a petition for paternity, a parenting plan will and child support will be a part of that process.

If you are an unwed father and need to establish paternity or time-sharing for your child, contact Heather Bryan Law today.  We will advocate for you!

Popular posts from this blog

Mandatory Disclosures: What are they and do I have to do them?

-
Well, the answer to the second part is in the title...they are "mandatory."  Mandatory disclosures are documents, mainly financial in nature, that must be disclosed to the opposing party in a family case.  The disclosure of these documents is required by the Florida Family Law Rules of Procedure.  It is an automatic disclosure, meaning the other party does not have to ask for you to disclose them.   These documents include all sorts of financial statements that show assets and debts.  The purpose is to show the financial status of both parties. In a divorce, the purpose of the disclosure is so that the distribution of assets and debts, child support, and alimony can be calculated.  In a modification case, again, the purpose would be to see the financial status of the parties so an accurate accounting can be made for calculation of child support and/or alimony.   By looking at these statements, an attorney can see if perhaps money is coming i...
Read more

Types of Protective Injunctions in Florida

-
There are 5 very specific types of injunctions, or restraining orders, that you can apply for in Florida.  It is important that you know the difference between them, because if you apply for the wrong one, the injunction can be denied.  On the other hand, if you are defending against an injunction, that is the first line of defense.  Was the proper injunction applied for?  Below is a listing of the types of Injunctions in Florida: 1.       Injunction for Protection Against Domestic Violence – This injunction is specifically for persons who have been the victim of domestic violence or who are afraid of imminent domestic violence.  Domestic violence includes assault, battery, sexual battery, stalking, kidnapping, and false imprisonment. A domestic relationship means that the person is either your spouse, former spouse, related to you by blood or marriage, living with you presently, or has lived with you in the past, or the pe...
Read more

Preparing For Your Family Law Consultation

-
I can’t tell you how many people come in for their consultation and have no idea what to ask me. This time is your opportunity to find out if I am the best person to represent you for this specific situation in your life. A life changing situation in your life! Take advantage! When you come in for your consultation, it is best to know what you need to ask the attorney. What are you there for? Is it a divorce case? Is it a paternity case? Has your ex threatened to not bring the kids home after their summer vacation? Think about the situation and formulate your questions to that situation. Consider your ultimate goal. Do you want advice in general, such as what is the divorce process in Florida, or do you need a specific task completed, such as she has taken the kids to Virginia against the parenting plan and I need some sort of motion to get them back right now. You should also think about your budget. Nothing is more important than your well-being, your family, and...
Read more