Legal Question in Family Law in Florida
I met my wife in 2008 while in the military, at the time she had a 2 year child and the father was unknown , after being married for a year we agreed to put my name on the birth certificate and I have been the only person she knows as her father as her bio father is unknown. I am now going to be filing for divorce due to the fact that I found out my wife has been cheating on me for the past years while I was in Iraq and want to know if I have any rights or is the fact that I am not the biological father going to strip me of my rights. We also have a 4 year old of which I am the biological father, the children are living with me due to my wife being charged with domestic violence last week.
3 Answers from Attorneys
1. She may claim you are not the natural father.
2. You will need to seek guardianship and custody in your marriage dissolution action.
Since you are on the birth certificate and you are married your rights as the father are strong. So when you file for divorce the court will treat you as the biological and legal father.
I assume you want to be considered the legal father of the older child. If that is the case, as you are listed on the birth certificate, unless the mother moves to de-establish paternity, you will be considered the father in the divorce proceedings. As she would be prejudicing her child support potential, it is unlikely that she will attempt to de-establish paternity. You should consult with an experienced family law attorney.
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