Four Benefits of Establishing Paternity
When a married couple has a child together in Florida, it is presumed that the wife and husband are both the biological parents of the child. This is not true when an unmarried couple has a child together. When a couple is not married, paternity must be established to ensure everyone’s rights are recognized and protected.
In Florida, the only way to formally establish legal paternity it through a paternity action. Keep in mind, recognizing paternity in one of many ways, such as a voluntary acknowledgement, appearing on a child’s birth certificate, or a DNA test may create a presumption of paternity, but it does not by itself establish legal paternity. There are many benefits associated with establishing paternity. Below, our Fort Lauderdale paternity lawyer explains what these are.
The Right to Physical Custody
It is also presumed that maintaining a close relationship with both parents is in the best interests of the child. When parents do not establish paternity, they may hinder their ability to enforce the right to spend time with their child and develop that close parental bond. After establishing paternity, the court will likely timesharing for both parents, depending on the facts of the case. Parents are generally denied any type of timesharing in rare cases, such as when there is a history of serious substance abuse or violence.
The Right to Legal Custody
Timesharing is physical custody. Legal custody, which is called parental responsibility and decision making authority is another and it refers to a parent’s right to make important decisions on the child’s behalf. These decisions can include the healthcare the child receives, the religion they are raised in, the school they attend, and more. The only way to obtain the right to parental responsibility is by establishing paternity. After paternity is established, the court will likely award joint parental responsibility, which provides both parents legal custody, though under certain circumstances a court may permit one parent to make final decisions or one parent sole parental responsibility, which is quite rare. Like physical custody, the only exception to this is when legal custody is not in the best interest of the child.
The Right to Child Support
Child support must be established in all cases. In Florida, child support is based upon the parent’s incomes, and may also factor in the amount of overnight timesharing each parent has with the child, as well as healthcare costs and daycare/aftercare costs. Child support payments are meant to help cover some of the costs associated with raising a child and it cannot be obtained until paternity is established.
The Right to Medical History
Although establishing paternity has benefits for both the mother and father, the child will also reap many benefits. In addition to a relationship with both parents, children cannot understand their family’s full medical history unless paternity is established. After establishing paternity, the child can access their parent’s medical records to better understand their medical history.
Our Paternity Lawyer in Fort Lauderdale Can Help You Through the Process
Establishing paternity has many benefits for the entire family. The process can become complex, particularly if either side raises a dispute. At Haber Blank, our Fort Lauderdale paternity lawyer can guide you through the process and help you overcome any challenge that arises so you obtain the best possible outcome. Call us now at 954-767-0300 or chat with us online to schedule a consultation and to get the legal help you need.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0742/0742.html
