West Palm Beach Paternity Lawyer
Sometimes, there may be a question about whether or not you are a child’s father. You will want this question answered before child support or custody proceedings. Alternatively, if you are certain you are a child’s father, you may want to establish that you are the natural parent and properly execute a parenting plan or custody arrangement. In either situation, a West Palm Beach paternity lawyer can help you determine paternity. My name is William Wallshein, and I have spent most of my legal career as a family lawyer helping clients in negotiating and settling their family law matters.
Establishing Parental Responsibility in Florida
Paternity may be established by two methods under Florida law. The first is through marriage. If a child was born during a marriage, he or she is presumed to be the husband’s child. The second way is established in court. Parents may file an Establishment of Paternity action in a Florida court. Once paternity is established, a child and his or her parents have certain rights, including a child’s right to receive financial support and health insurance from the parents, and access to family medical history information. In addition, the child’s parent gain legal rights to decision-making power, child support, and custody or visitation.
If a child is not born during a marriage, paternity can be shown in court. The court establishes paternity in multiple ways, including:
- Signed agreement by both parties acknowledging paternity
- Genetic test establishing the father
- Court order by the judge
- Providing an updated birth certificate to the court when parents are married after the child is born
The mother of a child or any man who believes he may be the father may bring a petition to establish paternity in court. A hearing is then set where both parties are required to present evidence regarding paternity, and where genetic testing may be required. Where an alleged father ignores court summons or otherwise declines to partake in legal proceedings, the court may deem him the “default” legal father. This means he will be required to pay child support if the mother requests.
If a man thinks he may be the father of a child, he may file a petition with the Florida Putative Father Registry. The registry records his parental rights, ensuring he will be contacted if the child is placed in adoption proceedings. The registry requires the alleged father to submit to genetic testing and state a willingness to support the child.
By contrast, a man who believes he was wrongly named as a child’s father, either as default or otherwise, may file a petition to contest paternity in court. Under Florida statute, you may either rescind your signature on the child’s birth certificate within 60 days of birth or provide DNA test results establishing that you are not the father. The petition to contest paternity must include an affidavit from the father stating he is not the child’s biological father. It must be served on the child’s current legal guardians, along with the evidence he is using to support the allegation.
Disestablishment of Paternity
Sometimes, especially in rocky familial situations, a man later discovers that he is likely not a child’s biological child. To challenge a paternity designation or a child support order, the legal father should retain the services of an experienced West Palm Beach family lawyer.
Biological and Legal Fathers
One important thing to understand when considering disestablishment of paternity is the difference between a biological and a legal father. A child’s biological father is the man who physically fathered the child. The biological father’s identity can be determined by genetic testing.
A legal father is not necessarily the same person as the biological father. Rather, the legal father is the man who has the responsibilities toward and rights in the child, as a parent. There are three ways to become legal father in Florida:
- By being married to the mother at the time of the child’s birth;
- By both parents agreeing that he is has legal responsibility for the child; and
- By court order.
Petition to Disestablish Paternity
If a legal father believes that he is not a child’s biological father, he may file a petition to disestablish paternity. The petition can also be to terminate child support. In order to be permitted to file, the father must have newly discovered evidence regarding the child’s paternity that has been discovered in the time since paternity was established or a child support obligation ordered. Evidence may include genetic testing or statements as to the child’s parentage made by the mother or another party.
A legal father must also include genetic testing with the affidavit. He must be able to show, using standard, accepted testing methods, that he is likely not the child’s biological father. If the mother does not permit the legal father to obtain a sample of the child’s DNA for testing, then the father may submit a sworn statement that he was unable to obtain the sample. He may also request the court to order genetic testing.
Additionally, the father must demonstrate that he is current on or in substantial compliance with all child support payments. If any payments are overdue, the father should include an affidavit explaining why.
Granting the Petition
For a court to grant the petition to disestablish paternity, it must find that:
- There is newly discovered evidence regarding the child’s parentage;
- Genetic testing indicates that the legal father is not the biological father;
- The father is current on his child support payments;
- The legal father has not adopted the child;
- The child was not conceived by artificial insemination during the marriage of the legal father and the mother;
- The legal father did not prevent the biological father from asserting his parental rights; and
- The child was under the age of 18 at the time of filing the petition.
Denial of the Petition
Sometimes, the petition for disestablishment will be denied. There are several various reasons that a court would deny a petition, including that the legal father:
- Made a sworn statement that he was the child’s biological father;
- Signed a voluntary acknowledgement of paternity form; or
- Married the mother and indicated to others that he was the child’s biological father.
Disestablishment
Disestablishment of paternity works prospectively only, so there will be no refund on any child support payments made before filing. Additionally, all the former father’s rights and responsibilities toward the child will be terminated.
Legal Representation in West Palm Beach Paternity Cases
Whether you need to establish paternity to get parental rights or wish to contest a declaration alleging you are a child’s father, you should consult someone with the experience needed to help you. My name is William Wallshein, and I am a West Palm Beach family lawyer who has practiced law for over 38 years. I serve clients in Palm Beach, Martin, and Broward Counties as well as throughout South Florida. Please call my office at 561-533-1221 to schedule a free initial consultation, or contact me on this site. We accept credit cards.
