Under Florida law, paternity determinations must be grounded in valid evidence and aligned with statutory requirements. Courts must ensure that any findings of fraud or misrepresentation are appropriately addressed and that legal parentage is resolved based on the child’s best interests, as demonstrated in a recent Florida decision addressing claims…
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…
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…
When people in romantic relationships decide to part, they will typically go their separate ways. If they have a child together, though, they may have to seek intervention from the courts to determine their parental rights and obligations. In any custody matter, the Florida courts must rule in the best…
In Florida child support cases, the courts typically refer to statutory guidelines to determine what constitutes an appropriate obligation. While the courts are permitted to deviate from the guidelines, if they do so, they generally must demonstrate that the deviation is warranted. In a recent Florida opinion issued in a…
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…
It goes without saying that people do not have to be romantically involved in order to conceive a child, and in some instances, friends will choose to embark on the journey of parenthood together. When people who are not married or a couple use unorthodox means to conceive a child,…
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…
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…
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…