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Paternity In Orlando, Florida Area

FS 744.301(1): The Mother of a Child Born Out of Wedlock is the natural guardian of the child. The Mother is entitled to primary residential care and custody of the child unless a court order of competent jurisdiction enters an order stating otherwise. 

Florida Statutes744.301(1) states: Because the Mother is the sole custodian of a child born out of wedlock: 

1. She may leave the State before a paternity order is entered; and she cannot be ordered to return until a paternity order is entered. 
2. Shared parental responsibility under Florida Statute Chapter 61 does not apply until an order is entered. Until there is an adjudication of paternity, putative father has NO STANDING. 

Until there is an adjudication of paternity, putative father has NO STANDING. Since the putative father has no standing: he cannot obtain a pickup order of the child if he is the putative father. The putative father cannot get an injunction to prevent removal of child from state. 

The putative father cannot obtain custody or visitation by order of court in an extra part proceeding brought by the putative father. A putative father cannot obtain custody or visitation in a domestic violence case. Paternity should not be established in a Domestic Violence proceeding. 

The Mother has automatic rights. The Mother has the default parenting position. A Father must petition for Paternity, Time Sharing and Parenting Plan in the circuit court. 

Paternity is established under Florida Statutes 742 by showing the following:

1. That paternity was established within an adjudicatory hearing brought under statutes governing inheritance, or dependency under worker’s compensation;
2. That an affidavit acknowledging paternity or a stipulation of paternity is executed by both parties and filed with clerk of court;
3. That an affidavit, a notarized voluntary acknowledgment of paternity, or a voluntary acknowledgment of paternity that is witnessed by two individuals and signed under the penalty of  perjury as provided for in Florida Statute Section 382.013 or Florida Statute 382.016 is executed by both parties; or
4. That the paternity is adjudicated by the Department of Revenue as provided in Florida Statute 409.256. 

If the Father is in the birth certificate that is a rebuttable presumption of paternity. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https//:www.AnnMarieGildenLaw.com

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