Legal Question in Family Law in Florida

Re: legal rights to child in florida

They are two separate issues, although a judge might merge the two cases into one. First, a potential father has the right to seek to determine paternity regardless of whether child support is involved. Of course, if paternity is established, he can seek custody or visitation. He will also be responsible for child support if support applies, though. Second, you can seek an injunction for protection against domestic violence against him if he has recently been violent. That does not preclude him from seeking determination of paternity and/or petitioning for custody.

Re: legal rights to child in florida

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Yes, the father has the right to file a petition to determine paternity and have the court require DNA testing to prove that he is the father of the child. You have no right to keep him out of the child's life if he is the father. Of course, if he does so, you can then seek child support for the minor child.

If there is domestic violence, you can seek an injunction against domestic violence which will bar him from any contact with you. If visitation is ordered, it will usually be arranged through a third party so that you do not have to have contact.

Scott R. Jay, Esq.