Legal Question in Family Law in Florida

Paternity

My daughter is 4 years old, her bio father and I broke up before she was born. I met my now husband before she was born and he was there for her birth. Her bio father is not even on the birth certificate. She was born in MN, but we now live in FL, and out of the blue he is requesting paternity. Does he have this right, or is there anything that I can do to prevent this? It will only cause confusion for my daughter. What are my rights as we were not married at the time of her birth?


Asked on 2/28/08, 9:09 pm

1 Answer from Attorneys

Re: Paternity

If he is the biological father, he will have to establish his rights through the Court entering a Final Judgment of Paternity. In an out of wedlock situation the biological mother is generally presumed to have custody. If the court establishes him as the biological father, he will be provided with the same legal parenting rights that you have. If he is not the biological father, then insist on the DNA testing. If you know for a fact he is the biological father:

1. Prepare your child, by allowing her to speak on the phone with the biological father.

2. Make arrangements for a visit with the child with you present.

3. If possible, speak with the biological father about visitation, child support and other parenting issues so an agreement can be reached.

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Answered on 2/29/08, 10:22 am


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