Legal Question in Family Law in Florida
Not Really The Father
I was 17 when I got pregnant and the father at first claimed my daughter but about 3 months into the pregnancy I ended the relationship because of his unreliability. Very shortly after this, I started dating my now fiance who has been there through it all, and he wants my daughter to have his last name after the wedding. I didn't put her biological fathers name on the birth certificate. Do we have to contact him in order to do this because he told people she was his but then changed his mind after I dumped him. Now he lives somewhere in Alabama with some girl he calls his fiance. What do we do?
2 Answers from Attorneys
Re: Not Really The Father
As long as you put your fiancee's name on the birth certificate as the father and he signs the affidavit of paternity, that's all you have to do. Now, your previous boyfriend may petition to determine his paternity and obtain a DNA test that will show him as the real father. However, whoever is the legal father will have to support that child financially. That often deters men from trying to seek paternity...
Re: Not Really The Father
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 information, 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 your fiance's name is on the birth certificate, then I would not do anything unless you want to stir up the pot. If you bring this to the biological father's attention, he can assert his rights as the father of the child by filing a Petition to Determine Paternity in the circuit court where you and the child reside. DNA can determine the true father.
If he has said that he wants nothing to do with the child, he may never take any action on his own if he is not prompted by actions which you take. Of course, if he does, and is found to be the father, then he will be responsible for payment of child support and child care expenses as well as insurance.
I suggest that you consult an attorney to review all of your legal rights and responsibilities.
Scott R. Jay, Esq.
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