A Florida man is having to fight for the right to see his son, even though he has already proven that he is the baby's biological father. Despite the fact that there is no disputing the father's paternity, state laws say that he has no paternal rights. That's because of a state law that says that a baby born in a marriage is the legal child of the husband, regardless of biological paternity.
Although the judge dismissed the man's petition to grant him paternity last week, the court did instruct the man on how to proceed in order to prove his case. The man will have ten days to file the paperwork properly, as instructed by the court. In the appeal, the man will be given the chance to show why he is an exception to a law that has been in place for years.
The man feels that it was unfair to remove him from his child's life and should not be legal. He was there for the boy's first steps, his first words, and cared for the child daily. He was in a relationship with the child's mother for five years while she was separated from her husband. The child was born during those five years. In Florida, because they were still legally married when the child was born, that child belongs to the husband, not the father.
This man is just one of many fathers who are fighting this paternity law in Florida. Any Florida resident who finds him or herself in a battle over their child should seek the advice of an experienced family law attorney. These lawyers can help parents understand the laws and what can be done to allow the parents to remain in the child's life.
Source: wptv.com, "Judge dismisses father's paternity petition, he has 10 days to file again", Michelle Quesada, March 31, 2017