If you have a child born out of wedlock you should establish paternity for that child. In Florida, Florida Statute Chapter 742 deals with determining paternity. Pursuant to Florida Statute 742.011 it states that “[a]ny woman who is pregnant or has a child, any man who has reason to believe that he is the father of a child, or any child may bring proceedings in the circuit court, in chancery, to determine the paternity of the child when paternity has not been established by law or otherwise.”
REASONS TO ESTABLISH PATERNITY
There are several reasons or scenarios why someone should do this. Some examples are as follows:
One parent is denying, dictating or control contact with the child.
Child support is not being paid.
A parent wants to relocate with or without the child.
The parents do not agree on who should claim the child as their tax dependent.
The parents do not agree on who should provide health insurance for the child.
As you can see a lot has to do with the parents not agreeing on this related to the child. However, even in situations where the parents do agree it is still highly recommended that the parties establish paternity through the courts and spell out the terms that they have agreed upon. The father especially would want to do this to protect his rights. A child’s mother is the child’s natural guardian; however, the Father needs to establish his parental rights and protect himself from the Mother attempting to relocate the child without his consent. Pursuant to Florida Statute 744.301, it states “… [t]he mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child unless the court enters an order stating otherwise.”
It is better to be proactive rather than be on the defense. Far too many times, do we have people who wait until something is going wrong and feel rushed to get something done rather than just do it from the onset.
HOW OUR PATERNITY ATTORNEYS CAN HELP YOU
Orlando Family Law Attorney, Michael Ferrin and Victoria Anderson have helped many people in situations like these and they can help you too. Contact our Orlando Family Law attorneys today at 407-412-7041 or CLICK HERE to schedule your free consultation with Attorney Michael Ferrin or Attorney Victoria Anderson.
Here is some more information on paternity cases and custody cases. You can find more information on other areas of family law on our website https://www.vandersonlaw.com/