The question of whether a man is a child's father can become a hotly contested issue rather quickly. In courts all over Florida and the United States, paternity tests have become a common practice. These tests use DNA to determine if two people are father and son. There are two different kinds of paternity tests, prenatal and postnatal.
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.
When a child is born, the hospital, government, and the world can identify the mother, therefore, her parental rights are never questioned (unless there is evidence of abuse). But, fathers are harder to identify because there is no way to know without a DNA test truly. The rest of the time, it is based on what the mother and father say (in most cases). This post will go over how paternity is established and challenged.
Assigning legal rights for unwed parents is always more complicated than many people appreciate. Unfortunately, it is even more complicated for unwed fathers. The courts are able to identify the birth mother because her name is automatically included on the birth certificate, whereas the father is merely whoever the mother identifies. This post will go over the general rights conferred by the law onto unwed fathers.
Paternity is the establishment of reciprocal duties to provide care owed by the father and the duty to obey the parent by the child, among other duties. It can be established in two ways: voluntary and formal proceedings. This post will go over both proceedings and how they may affect you.
The law governing familial relationships still mostly assumes that parents are married when they have children. When married fathers have children, the paternal rights are automatically applied and presumed. But for unwed fathers, they must affirmatively assert their rights in a document attesting to their relationship. These rights can be asserted without the mother. However, it is far simpler if she is involved.
Paternity fraud occurs when the mother of a child lies about the identity of the father and binds that person into a child custody/child support arrangement. With modern science and DNA testing, you may think that paternity fraud is an issue from the past. However, it is very much an ongoing concern. Most parent-child relationships are established without formal DNA testing; the father just accepts his obligations without contest.
The short answer is yes; you can seek compensation if you supported a child that was not biologically related to you and you were unaware. Misattributed paternity occurs when a father provides support for a child that he is not biologically related to, and he was unaware the child was unrelated to him. Paternity is the establishment of reciprocal legal rights and duties between a father and child. Paternity places the father under an affirmative duty to provide support and care to his child.
Paternity is the formal establishment of a legal relationship between a father and his child. There are several ways that paternity can be established, the most common method is at the hospital with a formal acknowledgment. Once paternity is established, the mother, father and the child all gain some rights. This post will address the rights that the child gains under Florida law.
DNA testing has revolutionized paternity actions. Before the DNA test courts relied on blood tests, witness testimonies and circumstantial evidence to infer paternity. Often fathers were given paternity over children that were not theirs and biological fathers were denied rights to their own children. It was a complicated situation. Now, DNA allows for much more accurate testing. However, DNA tests are administered by humans and anything handled by humans is prone to error. Here are a few tips to contest the validity of a paternity test.