Paternity

The rights of an unmarried father before a legal determination of paternity are limited and depend on the specific circumstances. Florida law in this area has evolved in recent years, and the protections available to an unmarried father depend on a number of factors. If you believe you are the father of a child and are concerned about your rights, it is important to consult with an attorney as early as possible. Acting promptly can make a significant difference in protecting your ability to establish your parental rights.

Yes, in certain circumstances. Florida law provides a process by which a man who has been established as the legal father of a child may seek to disestablish paternity or terminate a child support obligation on the basis that he is not the biological father. The process is governed by Florida Statute Section 742.18 and is subject to specific procedural requirements and limitations. There are circumstances under which a court will not set aside a paternity determination even where scientific evidence is presented, depending on the conduct of the parties and other factors. Whether a challenge to paternity is viable depends entirely on the specific facts of your situation. Rosanna can evaluate your circumstances and advise you on whether a path forward exists.

Before paternity is legally established, an unmarried father does not have court-enforceable timesharing rights. As a practical matter, this means a mother is not legally required to allow contact prior to a court order. However, a father who believes he is the biological parent of a child is not without options. Florida law provides a process for establishing paternity and seeking a parenting plan and timesharing schedule, and a father can move quickly once a proceeding is initiated. If you are a father who is being denied contact with a child you believe is yours, the most important step you can take is to consult with an attorney promptly. Delay can have practical consequences, and establishing your legal relationship with your child as early as possible is the most effective way to protect your rights.