Florida Paternity Rights in Marriage & Divorce
Paternity rights can be an important element of a child’s (and family’s) life, and help ensure that not only will the child receive the financial support needed in order to succeed, but also have access to certain benefits and information that could be helpful for the sake of their health and future. While the law assumes that, when a couple is married, the mother’s husband is the father of the child, things can become more complicated when it comes to children born out of wedlock. Paternity Law in Florida Under Florida law, 1) any woman who is pregnant or has a child, 2) the man who believes he is the father of a child, or 3) the child may initiate court action to determine the paternity of the child; particularly, when the paternity has not been established by the law or any other means. Specifically, in order to preserve the right to notice and consent to the adoption of the child, the unmarried biological father must file a notarized claim of paternity form with the Putative Father Registry that deems him the “registrant” and confirms his willingness and intent to support the child. This claim may be filed before the child’s birth, but not after any petition for termination of parental rights has been filed. In addition, there are procedures for the determination of paternity for children born out of wedlock, such as: Paternity determined within an adjudicatory hearing brought under the statutes governing inheritance, dependency under workers’ compensation, or similar programs; An affidavit acknowledging paternity or a stipulation of paternity (as executed by both parties); An adjudication by the Department of Revenue; or Voluntary acknowledgment of paternity. The Law and “Fatherhood” However, if a child is born to a woman who is married to someone other than the biological father, the biological father of the child may have very few rights. In this sense, the law often distinguishes paternity from legitimacy, in effect sharing or transferring the duties of fatherhood without affecting the child’s legitimacy. If, during divorce, parents stipulate that the husband is not the father of a child (whether the child has been born or is still unborn), that husband may still have to participate in a termination of parental rights precisely because parental rights—as assigned by marriage—are so strong and would otherwise continue. In other words, a prospective father may automatically be regarded as the child’s parent if he was married to the mother at the probable time of conception, if he was cohabiting with the mother at the time of conception, or if the mother has received support payments with respect to the child. Reach Out to Us Today for Help Family court matters are not only incredibly important, but they can also be incredibly contentious, and place your family’s well-being in jeopardy. If you are dealing with paternity issues during marriage or divorce—or any other family law issue— contact one of our family law attorneys today for assistance. At HD Law Partners, our Florida attorneys are prepared to help you immediately. Resources: wptv.com/news/region-st-lucie-county/fort-pierce/judge-dismisses-fathers-paternity-petition-he-has-10-days-to-file-again leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0742/0742.html Tags: Florida Family Law Attorney, Florida Family Law Attorneys, Florida Paternity Rights Posted in Family Law, Paternity | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us