Winter Garden Father’s Rights Attorney
Parents play a vital role in a child’s life, acting as their first teachers and providers as they grow. Active parental involvement equips the child with essential skills to navigate life’s challenges successfully. However, in the case of unmarried parents, the question arises: how can a father be actively involved if they are not automatically recognized as the child’s legal parent?
In Winter Garden, FL, a child’s father may only be legally considered the father if paternity is verified and legitimized. This especially applies to unmarried fathers, who must undergo a DNA test to establish their biological relationship with the child. Florida follows a strict but precise procedure for paternity cases, ensuring that the father is committed to a lifelong responsibility and that it is in the child’s best interest.
Suppose you are an unmarried father seeking to establish paternity, a divorced father fighting for parental rights, or a father contesting or denouncing paternity. In that case, you can rely on Davis and Associates, Attorneys at Law, LLC for assistance. When you reach out to our family law firm, one of our experienced Winter Garden father’s rights attorneys will be assigned to guide you through the paternity case. They will determine the best course of action to establish your paternity, demonstrate your readiness to be actively involved in your child’s life, and, if desired, challenge the paternity.
Call Davis and Associates, Attorneys at Law, LLC at (407) 708-9969 for a Free Consultation
Establishing Father’s Rights
In Florida, an unmarried father does not automatically have legal rights to their child unless they establish paternity and have it recognized by the court. This requirement applies even if the father’s name is listed on the legal birth certificate.
There are four primary methods for unmarried fathers to establish paternity and have it legally confirmed by the court:
- Signing the Acknowledgment of Paternity while at the hospital when the child is born (this form can also be submitted later).
- Obtaining an administrative order based on DNA testing.
- Obtaining a court order signed by a judge.
- Marrying the mother after birth and updating the child’s birth record.
The father must demonstrate their readiness to support and be actively involved in their child’s life. Once paternity is established, the parents should communicate to work out a time-sharing and custody plan that allows both parents to be a part of their child’s life.
The Importance of Legally Protecting Your Relationship
Contrary to popular belief, an unmarried father has the right to fight for their father’s rights, and they can do so without court approval. If both parents know the father’s identity, they can discuss and agree on arrangements informally without involving the legal system. This allows both parties to follow the agreed-upon performance voluntarily.
However, suppose the child’s mother is unwilling to discuss their role with the father. In that case, the father must first establish their paternity legally before they can assert their father’s rights. Failing to take this step may result in the mother having the legal right to deny access to the child and prevent the father from being actively involved in the child’s life.
Our Winter Garden father’s rights attorneys are here to help you understand your specific situation and how you can secure your father’s rights. We can help you arrange a paternity test and ensure the other party acknowledges it with the court’s support. These steps will pave the way for you to assert your rights as a father and play an active role in your child’s life.
Call Davis and Associates, Attorneys at Law, LLC at (407) 708-9969 to regain the relationship you deserve!
Divorced Father’s Rights
Divorced fathers typically have an advantage in exercising their father’s rights since their paternity is already established during their marriage to the mother of their children. This established paternity should be respected by the mother, ensuring the father can maintain a meaningful relationship with their children even after the divorce.
However, there may be situations where the child’s mother does not respect the father’s rights once the divorce is finalized. In such cases, Florida laws have provisions to protect the father’s rights. Fathers can directly report such issues to the court, prompting swift action to resolve the matter. At Davis and Associates, Attorneys at Law, LLC, you can trust us to closely monitor the proceedings and vigorously fight for your right to be actively involved in your child’s life. We are committed to ensuring that your father’s rights are upheld and that you can maintain a loving and supportive relationship with your children despite any challenges.
Contesting Established Paternity
While such cases are relatively uncommon, there are instances where a father, who is legally recognized as the child’s father and has treated them as their own, discovers evidence suggesting that they may not be the child’s biological parent. Conversely, there are cases where a man is identified as the child’s father but has evidence to refute these claims.
Contesting paternity or filing for a “disestablishment of paternity” in Florida is not complex. The man can file a petition seeking the disestablishment of paternity and the termination of the child support arrangement. To support their petition, the man must present the paternity test results taken within 90 days.
If there is an existing child support order, the father should file the petition for disestablishing paternity in the court with jurisdiction over the child support order. A copy of the petition must be served to the child’s mother or guardian and the Florida Department of Revenue. If there is no child support order, the named father can file their petition in the court where the child’s mother resides. The petition can be filed in the father’s residence if the mother has relocated to another state.
The courts may approve the disestablishment of paternity if certain conditions are met, including:
1. The identified father was unaware that he was not the biological father when paternity was established.
2. The paternity tests were conducted accurately and produced 100% accurate results.
3. The testing results show that the petitioner is not the child’s biological father.
4. The named father has consistently made child support payments without delay.
5. The petitioner did not legally adopt the child.
6. The child was not conceived through artificial insemination, while the named father was married to the mother.
7. The petitioner did not prevent the actual biological father from exercising their parental rights.
8. The child is still a minor when the “disestablishment of paternity” petition is filed.
If you need to file for the disestablishment of paternity, our dedicated Winter Garden father’s rights attorney will help you prepare the necessary documents to support your petition. We will also ensure that the paternity tests are conducted in court-approved facilities and handle the notification process for all parties involved. Rest assured that we will work diligently to protect your rights as a father and secure the best outcome for you and your child.
Representing Father’s Rights in Winter Garden
Whether you are unmarried to your child’s mother or have divorced her, you have every right as a father to build a meaningful relationship with your child and be actively involved in shaping their future. If you are prepared to take an active role in your child’s life or wish to reassert your father’s rights, please get in touch with our Winter Garden, FL, family law firm anytime. We are here to be your steadfast legal support and representative during this process, working tirelessly to secure the opportunity for you to be an integral part of your child’s life as they grow and flourish. Your child deserves the love and guidance of both parents, and we are dedicated to helping you navigate the legal system to ensure that your rights as a father are protected and respected.
Call Davis and Associates, Attorneys at Law, LLC at (407) 708-9969 today for a Free Phone Consultation with a Father’s Rights Attorney.