Legal Question in Family Law in Florida

Paternity Rights Waiver

Living in another state, can an alleged father, not married to the birth mother, terminate or waive any parental rights? If the birth mother does not seek child support, can the court impose support? If one parent (father) wants adoption, any rights to proceed with adoption, without consent from the birth mother?


Asked on 3/06/02, 10:37 am

1 Answer from Attorneys

Sanford Martin Martin Law Office

Re: Paternity Rights Waiver

Based on my understanding of the information provided: an "alleged" father has no parental rights unless such rights are validated through his assertion of those rights by putting his name on the birth certificate or through a paternity action in court if he is not married to the birth mother. The birth mother can prove him to be the father through a paternity action and a court will require him to pay child support. If the birth mother does not name him as the father and he does not assert his paternity, he is not the legal father and is not required to pay child support. If he is the legal father, he can consent to the adoption of the child by another person and his parental rights are removed and he is not required to pay child support. A father does not have "to proceed with adoption" since he is already the father. He does not require the consent of the birth mother to be the father; he can assert this fact through a paternity test. Hope this has answered your question. You are advised to consult with a local family law attorney for legal options fitting your specific situation.

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Answered on 3/06/02, 7:47 pm


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