Articles Posted in Paternity

People who have children in non-marital relationships often believe they have the right to parent their children without court intervention. If the relationship falls apart, though, the father’s rights may be in jeopardy. If a man has acted as a child’s parent, however, the courts may legally deem him a child’s father, as illustrated in a recent Florida paternity ruling. If you want to take action to establish or protect your parental rights, it is advisable to contact a Miami paternity attorney as soon as possible.

Facts of the Case and Procedural History

It is alleged that the father and the mother were in a relationship, and the father was named as the father on the child’s birth certificate. Despite the relationship ending, the father remained involved in the child’s life until the mother ceased visitation in 2020. Subsequently, the father filed a petition to establish paternity, a parenting plan, and a timesharing schedule. The mother requested DNA testing, which ultimately showed that the father was not the biological father.

Reportedly, citing section 742.12(4), which states that in a proceeding to establish paternity, if the test results show that the alleged father cannot be the biological father, the case shall be dismissed with prejudice, the mother moved to dismiss the father’s paternity action, leading the trial court to dismiss the petition. The father appealed the dismissal of his petition to establish paternity, arguing the trial court’s application of section 742.12(4) of the Florida Statutes was improper. Continue reading ›

Florida law presumes that when a baby is born to a married man and woman, the man is the father of her child. Similarly, if a man acknowledges he is the father of a child born out of wedlock, the court will presume he is the child’s father. Issues can arise, though, when the courts are faced with competing presumptions of paternity, as demonstrated in a recent Florida case. If you have questions about establishing paternity, it is advisable to meet with a Miami paternity attorney to determine what steps you can take to protect your interests.

Factual and Procedural Background

It is reported that the husband and the wife were married in 2008, but by late 2012, they were separated. Neither filed for divorce. During this period, the wife had a casual sexual relationship with the purported father while also engaging in intercourse with the husband during one of his visits to Florida. The wife became pregnant and informed the purported father that he was the father, while telling the husband otherwise.

It is alleged that the purported father, believing he was the father, signed the child’s birth certificate. However, paternity testing later revealed that the husband was the biological father. Subsequently, the wife sought to establish the husband’s paternity. The trial court determined that establishing paternity in favor of the purported father was in the child’s best interest due to competing presumptions of paternity and adjudicated him to be the father. The husband appealed. Continue reading ›

Generally, when a child is born to a married couple, both parents have the right to care and custody of the child. Pursuant to Florida law, however, when a child is born out of wedlock, the mother is deemed the child’s natural guardian and has the right to sole custody and care of the child absent a court order stating otherwise. Notably, as discussed in a recent Florida case, the purported father of a child born outside of a marriage does not have parental rights even if they file an acknowledgment of paternity that goes unchallenged. If you need assistance handling a paternity dispute, you should consult a Miami paternity attorney to assess your options for protecting your interests.

Facts of the Case

It is alleged that the parties lived together following the child’s birth in 2014. The father signed a voluntary acknowledgment of paternity at the child’s birth in accordance with Florida law; the mother did not contest the acknowledgment. However, there were no further orders regarding the father’s parental rights. In 2022, after the parents separated, the mother moved with the child to her parents’ home, which was located about 20 miles away, and enrolled the child in school there.

It is reported that the father filed an emergency motion to compel the mother to enroll the child in a school in the city where the parties previously resided. The court granted the motion, and the mother appealed. Continue reading ›

Many parties have children outside of the context of marriage, and while in some cases paternity is not at issue, in others, legal action is necessary to define a child’s parentage. Once a man has been legally established as the father of a child, pursuant to Florida law, it is difficult to disestablish paternity. While the law allows fathers to reverse course on paternity in some cases, the same is not necessarily true for mothers, as demonstrated in a recent Florida ruling. If you have questions regarding paternity and your parental rights, you should contact a trusted Miami paternity lawyer to evaluate your options.

Background of the Case

It is alleged that the parties conceived the child in question in April 2014. They subsequently entered into a stipulation confirming the father’s paternity, and a court ratified it via order in 2016. Later that year, the mother filed a petition to relocate to Colorado with the child. The trial court denied the motion, and the child remained in Florida with the father and had visitation with the mother in the summer.

Reportedly, in 2017, the mother stated that she remembered an encounter with another man around the time the child was conceived. A DNA test determined the second man to be the child’s father within 99.99% certainty. The mother then moved to disestablish the father’s paternity pursuant to Florida Statute 742.18 and other provisions. The trial court granted summary judgment in her favor, and the father appealed. Continue reading ›

When it is not clear who the father of a child is, both the child’s mother and any potential father have the right to file a paternity action. A determination of paternity not only opens the door for the father to seek parental rights like custody of the child, but it also allows the court to impose obligations on the father, like the duty to pay child support. If a court’s judgment of paternity fails to include necessary information, though, it may be reversed, as shown in a recent Florida ruling set forth in a paternity case. If you have questions regarding establishing parental rights or enforcing parental obligations, it is advisable to meet with an experienced Florida paternity lawyer to evaluate your options.

The History of the Case

It is reported that the mother instituted a paternity action to establish the identity of the father of her child. The court ultimately issued a final judgment of paternity, naming the father. The mother appealed, citing four issues. The appellate court affirmed the trial court’s ruling as to two of the issues without comment. As to the remaining two issues, however, the court found in favor of the mother. As such, it reversed the final judgment and remanded the matter to the trial court for further proceedings.

Final Judgments in Paternity Matters

The two issues the appellate court addressed on appeal were whether the trial court erred in neglecting to include a parenting plan in the record and failing to attach the child support guidelines worksheet to the final order. The court noted that the father conceded that these documents were forgotten due to a scrivener’s error. The appellate court explained that, pursuant to Florida law, it must reverse an order granted child support if the child support guidelines worksheet is not attached to the final judgment. Continue reading ›

Generally, a man that is the biological father of a child can seek parental rights.  Relatively recent advances in reproductive technology can result in situations in which it is necessary to determine whether a man is a child’s father or merely a sperm donor. For example, in a recent Florida case, a former couple called on a court to determine whether a man had paternity rights over a child born via IVF. If you need assistance with a paternity matter, it is advisable to speak to a Florida paternity lawyer to determine what steps you can take to protect your interests.

The Facts of the Case

It is reported that the father and the mother were involved in a romantic relationship, during which they entered into a contract to have a child via in vitro fertilization. The IVF transfer took place in September 2019, but the parties ended their relationship a month later. The child was born in June 2020. Shortly thereafter, the father filed a paternity lawsuit seeking parental rights on the grounds that he and the mother were a commissioning couple as defined by Florida law.

Allegedly, the mother moved to dismiss his petition, arguing that he was merely a sperm donor. During the hearing on the motion to dismiss, the trial court sought evidence from both parties without notice, after which it found the parties were a commissioning couple and granted the father parental rights. The mother appealed, arguing that the trial court violated her due process rights by holding an evidentiary hearing without notice. Continue reading ›