Florida divorce cases can become more complex if children are involved. The complications can multiply if there is no clarity on the paternity of a child involved in a separation. The issue is governed by Florida paternity laws which dictate how a man can be appointed as a minor’s legal father. The regulations also specify the conditions in which the parental rights of a person can be revoked. Defining the paternal rights of a person over a kid is necessary for securing the future of the minor. It is the duty of both the parents to provide care and ideal living conditions for their offspring. It has become common for people to have multiple marriages or to have children outside of marriage. In case, you are a Florida resident who is dissolving such a relationship, then you must understand the facts related to paternity laws before approaching a divorce attorney in Fort Pierce.
Concept Of Legal Paternity
A legal father is a person who has legal rights and responsibilities over and towards the child. It does not matter whether the individual is the biological parent of the kid or not. A person can become a legal father by marriage, adoption, or a court ruling. In most cases, when two people marry and then have children, the man is the biological as well as the legal father of the offsprings. However, there are many instances when both fathers are different. For instance, John and Jane marry in Port Saint Lucie while Jane is pregnant with a child fathered by Jacob. Now, when the kid is born after the wedding, John will be the legal father while Jacob will be considered as the biological parent.
Establishing Paternity In Florida
We will now discuss how is paternity established in the state of Florida and why is it necessary to do so.
Why Is Establishing Paternity Important?
Establishing paternal rights is essential for the well-being of the minor. Let’s say a couple divorced and there is no clarity on who is the legal father of their child. Then it will be difficult for the mother to get support for the kid from her husband. In most cases, legal fathers take care of the financial needs of their offspring either alone or jointly with their estranged spouse. Their legal status also entitles them to visitation rights to the kids. Courts empower them to make decisions regarding the upbringing of their children. Legal paternal rights can enable an individual to take vital decisions related to education, medical aid, and living conditions of his offspring.
How Is Paternity Established In Florida?
Let’s see how a person’s paternal rights are established according to Florida paternity laws. A few ways to establish paternity in the sunshine state are discussed here.
1. Marriage
In Florida, if a woman is married at the time when she gives birth to a child, her husband becomes the legal father of the newborn. It does not matter whether the person is the biological parent of the kid. He will enjoy all paternal rights over the minor.
2. Voluntary Acknowledgement Of Paternity
When a couple is in complete agreement over who the paternity of their child, they can jointly sign a Voluntary Acknowledgment of Paternity form. Signing this form means that they are declaring under oath that the supposed father is the minor’s true legal father. He must shoulder all the responsibilities of fatherhood. Either parent can revoke the agreement within 60 days of signing it. Once the period is complete, it becomes legally binding on both persons.
3. Legitimization
Let’s say a couple get into a relationship but do not get married. They have a child while they are living together and then decide to get married. Both the parents can establish paternal rights by following the legal procedure to update the birth record of the kid and name the man as the legal father.
4. Court Or Administrative Order
There are some situations which require the intervention of a court or authorities to find out the legal father of a minor. For instance, a couple in Fort Pierce did not marry and had a child. Later on, a dispute arose during their divorce when the man refused to undertake any parental duties towards the kid. The mother then approached the court through her Fort Pierce divorce attorney to prove that her partner is the father of the kid. The court ordered a genetic test to find out the truth. Depending on the situation, the father, a legal representative of the child or the Florida Department of Child Support Services can move a court to order the test.
Rights of Sperm Donors
Some children are born after their mothers were impregnated by artificial techniques where the male sperm was provided by a donor. Florida law explicitly states that any individual who donates sperm, egg or pre-embryo give up all parental rights over any child that is born because of their donation. They will enjoy paternal rights only if an adoption agreement exists between the donor and the legal parents. This agreement must have been made before the donation was made.
Conclusion
Florida paternity laws clearly define how people can establish their paternal rights over their offspring. It will be better if couples, whether married or not, establish the legal father of their kids. This will be helpful in bringing up a child efficiently and avoiding disputes during divorces.