Work to Resolve Paternity Questions in the Divorce Legal Process

Florida family law abides by the principle that a child’s life is shaped by the support of the mother and the father - both financially and emotionally. Legally establishing paternity is crucial to maintain a relationship with a child. Florida family law dictates many ways a father or father figure can legally establish paternity. 


Child support and health insurance are crucial components in ensuring the child’s safety and health. If a parent (in this case the paternal figure in consideration) does not have sufficient assets, the child may be eligible for benefits through previous military service or disability services, which can help consideration. 


The state of Florida does not automatically designate a father when an unmarried woman gives birth. Instead, should both parents recognize the father, they must execute a “Voluntary Acknowledgment of Paternity.” After a 60-day period, the father is given full legal paternal rights. If both parents cannot agree to recognize the father, they can go to court to establish paternity. 


If a dispute should arise, a father may request a paternity hearing. A judge will evaluate any presented evidence and issue a former legally showing who the father is. Genetic testing can eliminate doubt of paternity but is not always the quickest way to do so. 


Concerning paternity for men who are not the child’s biological father, Florida family law states that if a married woman delivers her baby in Florida, her husband is the legally designated father. If the biological father is not married to the biological mother, then the husband is required to take legal action if he wishes to negate the claim to paternity.


If you have reason to believe you are not the father of a child who is legally designated as your own, Rafool, LLC, Miami, FL divorce attorneys can help.