Legal Question in Family Law in Florida

fathers rights

A woman has a baby and father is overseas , they aren't married but she claims his is the father, but list another man on birth certificate. How does he gain his rights to the infant child which is biological his. How can he go about proveing he is the father while he is out of the states.


Asked on 6/03/07, 9:22 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: fathers rights

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The father would have to file a suit to determine paternity. This would involve the taking of DNA of both the father and the child to see if he is the birth father.

If it is determined that he is the father, he can then ask the court to determine his rights. As part of his claim, he can ask to have the birth certificate amended to include his name as the father.

As a caveat, if he is determined to be the father, he will be for all the obligations of any other day including the responsibility to pay child support and medical needs of the child. He will be entitled to visitation and to share in the raising of the child.

Scott R. Jay, Esq.

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Answered on 6/05/07, 12:52 pm

Re: fathers rights

He has to petition the court (where the baby resides) to establish paternity, which would start with an order for DNA tests on the parents and the child. Keep in mind that if he is found to be the father, he may be responsible for child support. I suggest contact a local attorney.

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Answered on 6/04/07, 9:23 am


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