The legal father of a child has important rights and responsibilities. Establishing paternity is the first step in determining those rights. This is often a complex issue, particularly when parents are not married. It is vitally important to obtain the guidance and legal representation of an experienced attorney.
A Miami paternity lawyer can help with this process. Whether you are the biological mother seeking to place your child’s father’s name on the birth certificate, or you are the father who wants to partake in timesharing with your children, the legal team at Davis and Associates, Attorneys at Law, LLC can guide you through additional steps based on your individual circumstances.
It is a common misconception that establishing paternity equates to obtaining custody rights. However, this is not always the case. The law in Florida recognizes that both mothers and fathers have equal parental responsibilities and rights, regardless of whether the parents are married. This includes the right to request a court order for decision-making and timesharing. It also entails the obligation to pay child support. The simplest way to establish paternity is for both parties to sign an Acknowledgement of Paternity at the hospital after a child’s birth, or shortly thereafter. This will place the man’s name on the child’s birth certificate and make him the legal father.
This, however, creates limited rights and responsibilities. The father is now legally obligated to provide financial support for the child, but does not gain any other rights such as visitation or custody. A more effective way to assert a father’s rights is by filing a paternity action in court, which can be done at any point after a child’s birth.
In some cases, the state will become involved in a paternity case. This usually occurs when there are concerns about the need for child support or when a mother and child are receiving public assistance. The State will then request that a judge establishes paternity. In this case, the mother, father or both will be required to submit DNA for testing. If the results show a match, an Administrative Order of Paternity will be issued and the Department of Revenue will notify the Office of Vital Statistics to add the father’s name to the child’s birth certificate.
There are many ways that paternity can be established, including through a voluntary agreement or by using genetic testing. However, it is essential to have a qualified paternity attorney in your corner who can ensure that your rights are protected. Contact a Miami divorce attorney who can explain the laws and procedures of paternity actions to you and represent your interests aggressively in any paternity-related matter. Our firm is committed to protecting the legal rights of all our clients, including men facing difficult situations in their efforts to obtain father’s rights.