Why does paternity need to be established?

It is important to establish paternity for some of the following reasons:

1. Once paternity is established, child support can be awarded
2. Once paternity is established, a child can receive health care benefits from the father’s health insurance
3. Once paternity is established, a child could be entitled to certain benefits from the father, such as military or disability benefits
4. Once paternity is established, the father has a right to custody of and/or visitation with the child

How is paternity established in Florida?

There are four ways to establish paternity in the state of Florida, which are essentially based on the marital status of the parents before or after the child is born. Paternity can be established in any of the following ways:

1. Presumption of Paternity: In Florida, if a child is born to two married parents, there is a presumption that the husband is the father of that child. As such, the husband is automatically considered the legal father of the child. If, for whatever reason, the mother fails to list the husband as the father on the birth certificate, the issue of paternity must be addressed in court.
2. Acknowledgement of Paternity: If parents are unmarried when the child is born, the father can sign a “Paternity Acknowledgement” form in the hospital in the presence of a notary public. Once the father signs this form, he becomes the legal father of the child. The form is then sent to the Florida Bureau of Vital Statistics to record the birth and the father’s name is added to the birth certificate. It should be noted that the father cannot sign this form if the mother is married to someone else at the time the child is born. Also, this form can be completed at any point until the child turns 18 if the parents remain unmarried.
3. Future Marriage: If a mother is unmarried when she gives birth but subsequently marries the child’s father, the husband becomes the child’s legal father. However, this alone does not automatically add the husband to the birth certificate. To add the husband’s name to the birth certificate, the parents would need to submit “The Affirmation of Common Child(ren) Born in Florida” form.
4. Court Order: If paternity cannot be established by one of the other aforementioned ways, a parent can file a civil action in circuit court to ask the judge to issue a court order which will determine the paternity of a child. The judge will examine the evidence presented to determine whether an alleged father should be deemed the legal father of the child.

Schedule a Consultation with an Orlando Family Law Attorney

If you need additional information about establishing paternity, please contact Arwani Law Firm. Our experienced Orlando family law attorneys will answer any questions you may have regarding paternity and related issues such as child custody and child support.

Resource:

floridarevenue.com/childsupport/Pages/paternity.aspx

Case Background:

In this case, the biological father, John Karpinski states that he and the child’s mother conceived their son while she was estranged from her husband (a fact not disputed by mother).  Mother has since reconciled with her husband and they both wish to raise the child as their own without Mr. Karpinski’s involvement in the child’s life. Mother’s position is well-supported by Florida Paternity Law. According to Florida law, a biological father is denied parental rights when the child is born into an intact marriage and the spouses wish to raise the child as their own.

Best Interest of the child:

Ultimately, the judge must make a determination as to what is in the child’s best interest. The “best interest doctrine” provides the judge with guidance and important factors to consider when making a decision that will affect the child’s happiness, security, development, and overall well-being.

Guardian Ad Litem:

In this case, the court appointed a guardian ad litem to provide the judge with recommendations, testimony and evidence relevant to the child’s best interest. Courts often appoint guardians ad litem in cases relating to custody, visitation, divorce and adoptions, to represent the child’s best interest. The primary function of the guardian ad litem is to provide the court with facts. Here, the guardian ad litem recommends against the biological father having parental rights, citing that the child has already established a strong bond with mother’s husband and that it would not be in the child’s best interest to disturb that relationship.

The Court Will Hear Testimony and Receive Evidence into the Record:

Each side of this litigation will produce expert testimony and documentation from specialists and other professionals to help support their argument.  In cases such as these, you need a skilled advocate attorney that is knowledgeable of the factors that a Florida court will use to determine what is in a child’s best interest. Contact experienced Florida family law attorneys to protect your rights and the rights of your children.

Judicial Discretion and Findings of the Judge/Finder of Fact:

Ultimately, Mr. Karpinski has the burden of proving that it is in his son’s best interest to have a relationship with him and that denying Mr. Karpinski his parental rights would be detrimental to the child.

Mr. Karpinski is asking the court to put aside well-established Florida Paternity law and rule in his favor. Mr. Karpinski must make a strong and compelling argument to sway the court. On the other hand, Mother must also make a strong showing that the child would be harmed in some way, and that it is not in the child’s best interest to have a relationship with his biological father.

Florida Child Custody Lawyers Serving Orlando & Surrounding Areas

If you need legal representation to help you make a strong and persuasive argument for the best interest of your children, contact the skilled Orlando Florida attorney team at Arwani Law Firm ,.

Resource:

wptv.com/news/region-st-lucie-county/judge-hears-testimony-to-decide-best-interest-of-3-year-old-child