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Paternity

Coconut Creek Paternity Lawyer

Helping Clients Establish Paternity in Broward County

In Florida, when a child is born to an unmarried couple, the mother is considered the natural custodian of that child. This means that the father does not have the legal rights and responsibilities of a parent.

Unfortunately, this fact remains unknown to a lot of people. Many fathers of children born out of wedlock believe that simply because they have their name on their children's birth certificates, they have all the legal rights of a parent under the law.

This is a very common misconception. In order for a biological father of a child born out of wedlock to have the legal rights of a parent, he needs to initiate a court action to establish paternity.


Are you looking to establish paternity in Florida? Call The Law Offices of Jonny Kousa, P.L. today at (954) 626-8071 or contact us online today to get started! 


How Is Paternity Established in Florida?

Establishing paternity is the legal process that creates a legal relationship between a father and a child who is born out of wedlock. In Florida, any woman who is pregnant or has a child, or any man who has reason to believe that he is the father of a child, may bring an action for paternity.

Generally, the father initiates a court action for establishment of paternity, asking the court to formally declare him a parent with all the legal rights and responsibilities that come with parenthood. But, in some cases, the mother of a child who is born out of wedlock initiates this action to get the court to issue an order of child support in her favor.

The Importance of Establishing Paternity for Child Support and Custody

Establishing paternity is not just about legal recognition; it plays a crucial role in ensuring the well-being of your child. In Florida, when paternity is established, it opens the door to various rights and responsibilities, particularly concerning child support and custody arrangements. Understanding these implications can empower you to make informed decisions for your family.

Here are some key reasons why establishing paternity is essential:

  • Financial Support: Once paternity is established, the non-custodial parent may be required to provide financial support, ensuring that your child has the resources they need for a healthy upbringing.
  • Legal Rights: Establishing paternity grants both parents legal rights regarding custody and visitation, allowing for a more balanced and fair parenting arrangement.
  • Health Benefits: Knowing the biological father can provide your child with important medical history, which can be crucial for health-related decisions.
  • Emotional Bonds: Establishing a legal connection can foster emotional ties between the child and both parents, promoting a supportive family environment.
  • Inheritance Rights: Children have the right to inherit from both parents, and establishing paternity ensures that these rights are recognized under Florida law.

At The Law Offices of Jonny Kousa, P.L., we understand the complexities surrounding paternity issues. Our experienced Coconut Creek paternity lawyers are dedicated to guiding you through the legal process, ensuring that your child's best interests are always at the forefront.

How To Disestablish Paternity in Florida

Even if you've been declared a "parent" under Florida law, it is always possible to disestablish your paternity and terminate your child support obligation if you are not the biological father of the child.

An action for disestablishment of paternity involves an individual who has been previously designated as the father proving to the court that he is not the biological father of the child and therefore is not legally obligated to support or be responsible for that child.

Once paternity is disestablished, the father may be relieved from making further child support payments.

Commonly Asked Questions

What should I do if I believe I am the biological father of a child but paternity has not been established?

If you believe you are the biological father of a child but paternity has not been established, you should consider initiating a court action to establish paternity. This process will legally recognize you as the father, granting you parental rights and responsibilities.

How does establishing paternity affect child support obligations?

Establishing paternity legally obligates the father to provide financial support for the child. Once paternity is established, the court will address child support arrangements, ensuring that both parents contribute to the child's upbringing.

Can a mother challenge a father's claim of paternity?

Yes, a mother can challenge a father's claim of paternity if she believes he is not the biological father. This typically involves legal proceedings where evidence, such as DNA testing, may be presented to establish or disestablish paternity.

What are the consequences of not establishing paternity for a child born out of wedlock?

If paternity is not established, the father will not have legal rights or responsibilities regarding the child. This can affect the child’s access to benefits, inheritance rights, and financial support from the father.

Is there a time limit to establish paternity in Florida?

In Florida, there is no strict time limit to establish paternity, but it is advisable to do so as soon as possible. Delays can complicate legal rights and responsibilities, especially regarding child custody and support.

Can a father's name on a birth certificate establish paternity in Florida?

In Florida, having a father's name on a child's birth certificate does not automatically confer all legal parental rights if the child is born out of wedlock. To establish legal paternity and secure parental rights, the father must take legal action through the court system. This is a common misconception, and legal action is necessary to establish paternity and the associated rights and responsibilities.

Coconut Creek Paternity Attorney: Protecting Your Rights

At The Law Offices of Jonny Kousa, P.L., our Coconut Creek paternity lawyer helps both fathers and mothers throughout the entire legal process of establishing paternity. Often, a genetic/DNA test is required.

Once paternity is established, the court addresses the issues of child custody and child support

You need an experienced and knowledgeable Coconut Creek paternity attorney who can fight for your parental rights and the rights of your child if:

  • You're a father facing a situation where the paternity of your child is challenged and you would like to establish paternity
  • Or if you're a mother who wants to protect her child's right to be financially supported by both parents

If you are a parent of a child under Florida law but believe you're not the biological father of that child, then you have the right to challenge your paternity and discontinue paying child support. However, you need to have your case handled by an aggressive Coconut Creek family law attorney.


Get a Free Consultation: Contact Our Paternity Attorney in Coconut Creek today to schedule a FREE consultation with our skilled paternity attorney in Coconut Creek! 


 

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    Gloria Cosme
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