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Things to Know About Paternity, Time Sharing, and Child Support in Orlando, Florida

Here are few things that you may not have known regarding Orlando Paternity, Time Sharing and Child Support in Orlando, Florida.

The Mother of a Child Born Out of Wedlock is the natural guardian of the Child pursuant to Florida Statute 744.301(1).

Until legal custody is established by a court, the Mother has sole custody of the child. That means the Mother is entitled to primary residential care and custody of the child unless a court enters an order stating otherwise.  Therefore, if a Father wants Timesharing with his child, he must file a Petition for Paternity, Time Sharing and Child Support.  Florida Statute 742 is the statute that deals with Orlando Paternity in Florida, specifically, Florida Statute 742.10 (1) which discusses the establishment of Paternity.

A Department of Revenue (DOR) case only determines paternity and child support. It does not give the Father time sharing with the child. If the Father wants time sharing with the child, he must file a Petition for Paternity, Time Sharing and Custody. The Department of Revenue comes after the Father for child support if the Mother applies for government assistant.

The Department of Revenue will pursue a Father for child support and for the Father to reimburse the state for the government assistant for the child that the Mother has applied for such as food stamps, WIC and AFDC. Or, the Mother may go to the Department of Revenue to purse child support from the Father. Usually, this procedure is not as expeditious as hiring an attorney and going into court to file a Petition for Paternity, Time Sharing and Child Support.

Although the Mother has sole custody of the child until legal custody is established, if the Mother knows a person is the biological Father of the Child, she should allow the biological Father time sharing with the child until the judge rules on paternity, time sharing and child support. This is because one of the factors of Best Interest of the Child found in Florida Statute 61.13 is which parent encourages and fosters a loving relationship between the other Parent and the child.

However, if the Mother has reason to believe that the biological Father is unfit under FS 39.806, the Mother may have reasonable justification for denying the biological Father time sharing.

Yet, the Mother thinking the biological is not a good parent will not be enough. That is an argument that would go to whether the Father should have 50/50 Timesharing. However, unless the biological Father is unfit, he should receive visitation with the child.

This information does not form an attorney client privilege. If you have more questions regarding Orlando Paternity, Time Sharing and Custody, you may contact Ann Marie Gilden, Esquire at Ann Marie Giordano Gilden, PA at 407-732-7620.