Legal Question in Family Law in Florida

Re: divorce and minor child

It sounds as though he is not sure the baby is NOT his either. How about a paternity test? I'm sure the court would rather see the test done than see a father terminate his parental rights in order to avoid responsibility. It is a simple and inexpensive DNA test. It might be worth it.

Re: divorce and minor child

If your son is not sure whether or not this child is his I would recommend a paternity test be done informally. If the test shows that he is the biological father then he can terminate his parental rights, if that is what he decides to do. However, if he is not the father he has no further obligation (and won't ever have any guilt associated with the matter). If your son is the father he is required to pay child support -if he does not terminate. In florida you get child support at least from the date you file the Petition for Dissolution of Marriage (Divorce Pleading) and continuing until the child reaches 18. You should have your son consult with a lawyer in his area so that he fully understands his rights and obligations. Every state handles divorce differently.

Re: divorce and minor child

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If you son has serious doubts, he can file a petition to determine paternity. The mother will be required to cooperate in the DNA testing to determine if the child is actually his. After the test is done, he will know with certainty if he is the father. If he is not the father, then he can walk away without any responsibility or guilt. If he is the father, he can then determine if he truly wants to give up all rights to the child.

Your son should meet with a qualified attorney to review his legal rights and obligations before he makes any decisions that he will have to live with the rest of his life.

Scott R. Jay, Esq.