Fort Myers Paternity Rights Attorney

The majority of babies who come into the world have two parents who are together at the moment of birth. However, there are some scenarios where determining who the new baby’s parents are becomes complicated. That’s when the issue of paternity comes into play, and that is really an issue about fatherhood.

In legal parlance, paternity is defined as “the state or condition of a father; the relationship of a father.” Although there may be a dispute between the mother and father, every child deserves the recognition of a legal father and all the associated benefits that come with established paternity.

There can be unresolved issues of paternity on both sides of the parental equation. A mother can claim that a man she was involved with is the father of her child and needs to “step and do the right thing.” On the other hand, a man might suspect that he is not the father of a child and, therefore, has no legal or financial obligation to them.

When a paternity dispute arises on either side, it is important to seek the kind of legal counsel that Titan Law provides. We are a team of dedicated Fort Myers paternity rights attorneys who have helped numerous couples resolve their paternity issues. If you’re currently dealing with this issue, we want to hear from you.

How Is Paternity Established in Fort Myers?

There are several options for establishing paternity in Fort Myers and throughout Florida. Florida statutes clarify the role of natural guardians. Those requirements include the following:

• Both parents are married to each other at the time of the child’s birth.
• The father signs a birth certificate at the hospital.
• The father marries the mother after the child’s birth and updates the birth certificate with
• Marriage to the child’s mother after the child is born and updating birth records with the Florida Office of Vital Statistics.
• Administrative order based on the results of DNA testing establishing fatherhood.
• A court order for a paternity test.

If there is a question about paternity, the testing will be quick and provide an absolute resolution.

Why Is Establishing Paternity Important?

Paternity needs to be established before a court can issue any orders regarding custody or support.

Here are some of the many reasons why establishing paternity is essential:

Identity

Establishing paternity provides a child with a sense of identity. That is important whether the father chooses to be in the child’s life or not. It will probably be more important later on in the child’s life.

If the father does want to be an active participant, paternity helps support the bond that can be forged between the father and the child. This provides the child with a sense of comfort and safety.

Custody and Visitation

An unmarried couple who has a child together and aren’t living together might need to establish a custody and visitation schedule if the father wants to be involved. This is an important issue for the court to resolve, but only when paternity is established.

Financial

One of the most critical components of establishing paternity involves financial aspects. Beyond the immediate need for child support, paternity also allows the child to receive other financial benefits, such as Social Security, life insurance payouts, pensions, retirement savings, and inheritances.

If there is no paternity, the child will not have access to any of those potential benefits.

Medical

A long list of health issues can be linked to genetics. That is why you are always asked to provide your family’s medical history as part of your examinations and treatment. Knowing the identity of the father is vital for the child’s medical care.

Access to Information

A father has legal rights to obtain information related to the child’s school and medical records. This is particularly important for parents who need to stay involved in their child’s education and health.

How Does Paternity Impact Child Support?

Not so many years ago, it was generally accepted that in a divorce, the mother would retain custody of the children, and the father would pay 100% of the child support. Now, it is not uncommon for both parents to be gainfully employed and contributing to the household income.

Today, shared custody arrangements have become the norm. When it comes to the issue of child support, it is not an “option.” It is the right of every child to receive that support.

How much those payments will be is determined by the combined income of both parents and the amount of time the child is in custody with each. Before any of that can be determined, the matter of paternity must be established.

A mother can file a petition with the court asking for child support from the man she identifies as the father of the child. If this is a dispute, the only way to prove it is to get the paternity test. In some scenarios, a couple may be together for years and then decide to divorce. If the father questions his paternity, the results of the court-ordered test could mean he doesn’t have to pay child support if he is not the father.

On the other hand, a mother can apply for child support and receive retroactive payments going back to the birth of the child if paternity is established.

Fort Myers Paternity Rights Attorney: Frequently Asked Questions

You can establish paternity voluntarily when both parents acknowledge who the father of the child is, but this must be officially confirmed through the Department of Health. These frequently asked questions can provide additional information about the issue:

Can I get child support without establishing paternity?

No, you must establish paternity before a judge can issue any order of child support.

What rights does a father have once paternity is established?

If you have established that you are the father of a child, you have the legal right to seek custody or set up visitation. You can also now be involved in all the major decisions concerning your child’s well-being. It also means you will be financially responsible for a portion of the child’s support.

How can I dispute paternity in Florida?

If you have doubts about whether you’re the biological father of a child, you and your Fort Myers paternity rights attorney are entitled to request a court-ordered DNA test. That will mean the mother of the child must make the child available for the test.

How long do I have to challenge paternity?

You have until the child turns 18 to challenge paternity. If there is a question of unpaid child support, establishing paternity can compel the father to make back payments going back to the birth of the child.

How long does it take for a paternity test to be completed?

If you take the test on your own through an independent lab, it may take up to 2 to 3 weeks to receive the results. A court order test might have the results back within 2 to 10 days.