Legal Question in Family Law in Florida
Biological Father VS Birth Certificate Dad
I have been with my husband for nearly 4 yrs and I have a 3 yr old daughter. This man from my past recently contacted me and believes he is her father. My husband has supported our daughter for 4 yrs and has paid every bill I had regarding her birth. Now this person thinks he can walk into my life and take over paternity responsibilities for my husband. What are our rights vs this guys rights?
1 Answer from Attorneys
Re: Biological Father VS Birth Certificate Dad
If you were married to your current husband when your daughter was conceived and born, then your current husband is the legal father, and the new guy will have to prove why it is in your daughter's best interest that he (the new guy) become the legal father.
If you were not married to your current husband when your daughter was born, the new guy will have to file a paternity suit against you. He will be entitled to a DNA test and, if the test comes out that he is the father, he will be entitled to visitation and will be responsible for child support.
Even if the test says he is the father, though, you still may have a chance: you may be able to have the new guy's parental rights terminated for abandonment.
Bottom line, you need a good custody lawyer right away.
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