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What are the Rights of a Legal Father and Biological Father in an Orlando, Florida Paternity Case?

Under Florida law if a child is born to an intact marriage, the man the child’s mother is married to is the Legal Father. The Legal Father is the man married to the Child’s Mother at the time the Child is born. He is the one with all the rights as the Father. A putative father does not have standing to seek to establish the paternity of a child where the child was born into an intact marriage, and where the married woman and her husband object to the paternity action.

Florida courts do not recognize dual fathership and, therefore, only one man may be designated the child’s Legal Father with the rights and responsibilities thereof at any given time. The minor child was born to an intact marriage so paternity was established as a matter of law. The fact that DNA test results established another individual as the child’s biological father was legally insufficient. CG v JR, 130 So 3D 776 (Fla. 2d DCA 2014).

The Legal Father is one that will be listed on the birth certificate. If he is not listed on the birth certificate, he may motion the court to have the birth certificate amended; and his name placed on the birth certificate. Under the law, he is considered the child’s Father.

The Biological Father is the father that was with the Mother when the child was conceived. He has no rights to petition for paternity and time sharing of the child, if the child is born to an intact marriage; and the Mother and Legal Father object to that. This is true and applies even if the Biological Father has a DNA test showing he is the father that conceived the child.

However, a Legal Father may challenge whether he is the father and should have to pay child support, if the Legal Father and Mother divorce. However, there must be certain circumstances in order for the Legal Father to do this. He must meet legal requirements to do that. The criteria a Legal Father must meet is listed under the Disestablishment of Paternity statute. That is Florida Statute 742.18.

The statute establishes certain circumstances where a male may disestablish paternity or terminate a child support obligation when the male is not the biological father of the child. To disestablish paternity or terminate a child support obligation, the male must file a petition in the circuit court having jurisdiction over the child support obligation. The petition must be served on the mother or other legal guardian or custodian of the child.

If you have more questions for an Orlando paternity attorney, or about time sharing and child support, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.

This article is for informational purposes only and does not form an attorney client privilege.