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paternity Archives

Why and how to establish paternity in Florida for a child

A child often gets his or her sense of self from those closest to him or her. If a child is uncertain as to who his or her father may be, this can have a detrimental effect on one's self perception. This is just one reason why it may benefit all of the parties involved when attempting to prove paternity in the state of Florida.

State seeks to end paternity rights of sports doctor

One state has moved to end the parental rights of a sports doctor who has been accused of the sexual assault of several females. According to the report, attorneys have filed their petition against the 53-year-old after citing testimony from the FBI. It is a case in which a man could lose custody of his children despite the fact that he has never been accused of abusing them in any way. While this case is unique, paternity rights cases are heard daily in Florida courtrooms.

Paternity testing doesn't have to be invasive

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.

Florida man fights state's paternity law

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.

Challenging paternity tests, Part 1

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.

Do unwed fathers have rights guaranteed by law?

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.

Unwed fathers encounter issues asserting paternal rights

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.

Issues with paternity fraud

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.

Can you pursue compensation for misattributed paternity?

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.

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