Parental Rights vs. Paternal Rights Orlando Divorce Lawyer
Close Menu

Parental Rights vs. Paternal Rights

FatherSon

Family law can be complex, especially when it comes to understanding parents’ rights and responsibilities. Two terms that often pop up in family law cases, specifically child custody and visitation cases, that some people assume are interchangeable are “parental rights” and “paternal rights.” While these two terms are related, they are not the same. It is crucial to understand the difference between parental rights and paternal rights. In this article, we discuss the difference between parental rights and paternal rights.

Understanding Parental Rights

Parental rights encompass the rights that both parents have regarding their child. The following are some of these rights;

  • The right to make and implement important decisions about the child’s life, such as which school the child will attend, the child’s religious upbringing, the child’s participation in extracurricular activities, nutrition, and medical treatment options.
  • The right to have a relationship with the child and spend time with them
  • The right to access the child’s medical and educational records

Parental rights are vital as they ensure both parents are involved in their child’s life. This involvement is crucial for the well-being and development of the child. In most cases, both parents have equal rights. Usually, the court only limits parental rights when it is necessary to protect the child. In other words, courts only limit parental rights when it is in the child’s best interests to do so.

Understanding Paternal Rights

Paternal rights specifically refer to the rights a father has regarding their child. A father’s rights can differ from those of the mother, especially in cases where the father’s paternity is in question, or the parents are unmarried. When parents are unmarried, or there is a question about the father’s paternity, paternity must be established through a legal process.

There are several ways of establishing paternity in Florida. If parents are married at the right of the child’s birth, the husband is automatically considered the child’s legal father. The following are the other ways of establishing paternity in Florida;

  • Voluntary Acknowledgement of Paternity: If there are no disagreements about who the child’s father is, both parents can sign a Voluntary Acknowledgment of Paternity form. Once this form has been signed, it becomes final and binding after sixty days.
  • An administrative order based on genetic testing: This involves comparing the father’s and child’s DNA. If the genetic tests show a match between the child and the alleged father, the Department of Revenue issues an Administrative Order of Paternity.
  • A court paternity order from a judge: The mother or father, the child’s legal representative, or the Florida Department of Revenue can file a paternity action in court. The court may order genetic testing to determine paternity.
  • Legitimation: This occurs when parents get married after the child is born. After marriage, parents can update their child’s birth record with the proper bureau.

Difference Between Parental Rights and Paternal Rights

So, what is the difference between parental rights and paternal rights? Below are some of the main differences between the two;

  • Parental rights apply to both parents, whereas paternal rights specifically refer to the father’s rights
  • Parental rights are presumed for both parents unless proven otherwise, whereas paternal rights are only automatically recognized if the parents are married. An unmarried father must establish paternity to gain paternal rights.

Contact Our Orlando Family Lawyer

Contact our experienced Orlando divorce lawyers at The Arwani Law Firm if you need legal assistance.

Source:

floridahealth.gov/certificates/certificates/_documents/DH432-Acknowledgment-Paternity-Aff-1-2022.pdf

Facebook Twitter LinkedIn

© 2017 - 2025 Arwani Law Firm. All rights reserved.

Contact Form Tab