Paternity and Father's Rights
Ensure that your father's rights are not overlooked, ignored, or undermined with the help of an experienced family law attorney.
Fathers usually experience unique challenges when it comes to certain family matters, such as custody, adoption, and spousal support. Fortunately, the court recognizes fathers’ essential role in their children’s lives. Today, family law judges grant equal rights and responsibilities to parents, as long as their children’s best interest is prioritized.
Whether you are going through marriage dissolution or planning to adopt, it is crucial to seek help from skilled paternity lawyers. More than providing legal guidance and support in establishing your parental rights, they can help represent and reflect your need as a father to be a part of your children’s lives.
At Myrthil’s Law, P. A., we provide sound legal advice and exceptional representation to fathers fighting for their rights to child custody, visitation, support, and more. Having handled different family law cases in Florida, we consistently achieve success on behalf of men and fathers wanting to be fully involved in the upbringing of their children.
Establishing Paternity Rights in Florida
Men and fathers across Florida often encounter obstacles regarding their rights to co-parent their children after separation or divorce. Adopting fathers must also establish paternity to hold the primary right of consent to the adoption of their child.
To legally establish parent-child relationships, one of the parents or a third party on behalf of a child must seek a declaration of paternity. However, one of the following cases must be occurring or true:
- When a married couple gives birth, paternity rights default to the spouse.
- The parents are unmarried at the time of the child’s birth, and the biological father confirms or acknowledges paternity in writing.
- When a child is born out of wedlock, but the father and mother later get married, the husband will assume the title of the legal father. However, the father’s name will not be automatically added to the birth certificate.
- The father acknowledges or confirms paternity in writing any time between the child’s birth and their 18th birthday. However, this option is not valid if the mother was married at the time of the child’s birth.
- The mother or father decides to file a civil paternity suit and establish paternity in court.
If you have a unique paternity situation, it is best to seek the aid of a knowledgeable paternity lawyer who can discuss your rights and options under Florida law.
Benefits of Establishing Paternity Rights
1. Benefits Enjoyed By Fathers
Fathers can give themselves several rights to:
- petition for time-sharing or custody;
- seek for child support; and
- have a say on any legal decision regarding their child.
2. Benefits Enjoyed By Children
In the same way, fathers who have established their paternal rights give their children the rights and benefits enjoyed by children born to married parents. These benefits include:
- financial support, including monetary support from veterans benefits, military allowances, and Social Security benefits;
- medical and life insurance from parents;
- family medical information, in case of inherited medical conditions; and
- legal proof of identity from both parents.
Challenging Paternity Claims in Florida
Fathers can also challenge paternity claims through a special court procedure known as “disestablishment of paternity.” This is a legal process for men to make corrections regarding child visitation or support as well as to be ineligible for child support payment.
In Florida, the court only grants the father’s petition to disestablish paternity if he can provide compelling evidence that he is not the biological father. This means that:
- accurate paternity tests show that the petitioner is indeed not the biological father;
- the petitioner is not the adoptive father;
- the named father honored the child support and custody order before the petition;
- artificial insemination was not used to conceive the child;
- the petitioner is allowing the biological father to assert his parental rights; and
- the child involved has not yet turned 18 years old during the petition for “paternity disestablishment.”
How Myrthil's Law, P. A.
When paternity needs to be established, challenged, or terminated, a family law attorney who is well-versed in paternity law plays a vital part in protecting the rights of both parents and the child. Myrthil’s Law, P. A. is the leading family law firm in Florida. We represent and support fathers in many issues regarding paternity.
Our legal team has the required expertise and experience to help you ensure fairness in child support and time-sharing, file paternity action, and navigate the complex legal processes. We are your personal advocate as you fight for your rights to be the best possible father to your child without compromising truth and biases.
Contact Us Today
Partner with a dedicated father’s right attorney who looks out for your best interest and helps you achieve your goal for your child’s future. Whether you seek child custody or plan to challenge your parental rights, Myrthil’s Law, P. A. can help you through the legal process. Schedule a consultation with us today.