Legal Question in Family Law in Florida

Paternity

During the course of my four year marriage, i became pregnant and informed my husband that it might not be his. When the judge ordered child support in our restraining order hearing, he has refused to pay because of paternity question. I paid for the test and it will come back shortly. If he is not the father, which i suspect he is not... what rights does he have to my daughter? We live in florida, he is on the birth certificate. Also, do i have to include her when filing for divorce if she is not his?


Asked on 2/05/09, 9:31 am

3 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Paternity

When a mother has a child during the marriage, the husband is legally is the father. Your husband may not legally refuse to pay child support. Your husband remains the legal father until you file a paternity suit against the biological father and are successful in proving that the biological father is the real father.

You must include your daughter when filing for divorce.

Read more
Answered on 2/05/09, 10:00 pm
Brent Rose The Orsini & Rose Law Firm

Re: Paternity

When a mother has a child during the marriage, the husband is legally is the father. Your husband may not legally refuse to pay child support. Your husband remains the legal father until you file a paternity suit against the biological father and are successful in proving that the biological father is the real father.

You must include your daughter when filing for divorce.

Read more
Answered on 2/05/09, 10:00 pm
Brent Rose The Orsini & Rose Law Firm

Re: Paternity

When a mother has a child during the marriage, the husband is legally is the father. Your husband may not legally refuse to pay child support. Your husband remains the legal father until you file a paternity suit against the biological father and are successful in proving that the biological father is the real father.

You must include your daughter when filing for divorce.

Read more
Answered on 2/05/09, 10:01 pm


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