Articles Posted in Paternity

Whenever possible, Florida courts give custody of children to the children’s legal mother and legal father. Custody is defined as physical residence with a parent or other legal guardian and decision-making power related to the children’s education, medical care, and other important life events. Usually, the legal mother and legal father are the child’s biological…

According to Florida law, if a woman is married at the time that she gives birth, her husband automatically becomes the legal father, even if neither spouse claims that the husband is or could be the biological father of the child. (This most often happens when the mother is separated from her husband, but they…

Except where adoption is involved, many people think of genetic relationships as the most important thing that links parents and children. In Florida’s family law system, that is not always the case. It is entirely possible for a man to claim paternity and to be named as the child’s legal father without DNA testing. If…

One of the criticisms most frequently leveled at family court systems in the United States is that they treat fathers as walking checkbooks, imposing heavy child support obligations on them and invading their privacy to ensure that they pay those obligations, meanwhile doing little to support their efforts to have a meaningful relationship with their…

Florida’s tradition of family law acknowledges that there is more than one way to be a father.  The child’s biological father is not necessarily the child’s legal father. In fact, when establishing paternity, the courts do not always order DNA paternity tests. Sometimes a Voluntary Acknowledgement of Paternity is all you need. Things get more…

In recent decades, Florida courts have shown more appreciation for the important role of fathers in their children’s lives. For example, the idea of a mother having “primary custody” of the children while the father only has “visitation” is mostly a thing of the past. Today, parenting plans contain a lot more detail and nuance…

A parenting plan is a written contract between the parents of minor children.  Parenting plans are subject to court approval. At a minimum, a parenting plan must include the following: (1) A description as to how the parents will share and be responsible for the daily tasks associated with the upbringing of the child; (2) the…

Just because you are not married to the mother of your child does not mean that you do not wish to play a role in your child’s life. Unfortunately, in order to legally gain parental rights, you must take certain steps under the law in the state of Florida. In some cases, gaining legal paternity…

Over the years, I have had the opportunity to discuss child support issues with many parents. A frequent question that often arises is whether one parent has the right to waive the receipt of child support from the other parent? The answer to this question is simple, NO! There are scores of cases in Florida…

Yes, it is possible to have the court vacate a paternity decree after it has been entered, even if years have passed by. The remedy is found in section 742.18, Florida Statutes (2006). This statute creates circumstances under which a male may disestablish paternity or terminate a child support obligation when he receives “newly discovered…