Child custody and paternity disputes often lead to intense legal battles, especially when parents were never married. When a father acknowledges paternity of a child, they should have equal parental rights as the child’s mother, as explained in a recent Florida case that demonstrates the evolving landscape of parental rights…
Articles Posted in Paternity
Florida Court Discusses Claims of Fraud in Paternity Disputes
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…
Florida Courts Discusses Bases for Establishing 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…
Court Discusses Establishing Paternity Under Florida Law
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…
Florida Court Discusses Due Process in Custody Disputes
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…
Florida Court Discusses Deviation from Child Support Guidelines
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…
Florida Court Discusses Parental Rights of Unmarried Parties
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…
Florida Court Analyzes Assisted Reproductive Technology in the Context of Paternity
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,…
Florida Court Discusses the Right to Disestablish Paternity
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…
Florida Courts Discuss Final Judgments in Paternity Matters
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…