Paternity

What Is Paternity?

Family law includes the determination of paternity, a case where we must know whether the alleged father is the child’s biological father. We represent both mothers and fathers in paternity cases in South Florida. A man may be a presumptive father, a putative father, a prospective father, or an unmarried biological father, yet have no rights other than notice of proceedings with respect to the child. If the child is born to a woman who is married to someone other than the man in question, he may be entitled to even less.

How Do I Determine Paternity?

Paternity requires either the father’s acknowledgment that he is the biological father or a scientific blood test that reflects paternity with nearly 100 percent certainty. Sometimes, even if the paternity test result is positive, it may be necessary for us to go before a judge and prove with scientific evidence that the test results are incorrect.

Once paternity of a child is proven, we then need to address issues such as child support, parental responsibility and a time-sharing schedule. In some cases, we may use a mental health professional, Guardian Ad Litem, or another third party to help us establish the relationship between the father and child.

Paternity cases in the State of Florida may include child support, time-sharing, and parenting plans for either parent, which can be determined through mediation or litigation. We know that these are difficult cases that are highly emotional, and the attorneys of Hertz • Sager will treat your case with care and understanding to reach a resolution that is in the best interest of your child.

Please contact us either online or by telephone at 305.444.3323 so we can to schedule a consultation with you.

Father’s Rights

Both parents have equal rights to participate in the child-rearing, decision-making for and time-sharing with their children. Both parents also owe a duty of financial support to their children. Florida law requires courts to treat Fathers equally to that of Mothers when making decisions related to children, with the best interest of the child being the primary consideration.

In most circumstances, both Fathers and Mother have the right to have frequent and continuing contact with the children (referred to as timesharing) and to participate in decision-making of major decisions affecting the children (referred to as shared parental responsibility). The policy behind both parents’ equal entitlement to time-sharing with and decision-making over children is that children generally benefit from having two loving and involved parents, regardless of the breakdown of the parents’ marital or other relationship.

Florida law also requires courts to establish both parents’ child support obligations in any case where there are minor children. There is a common misconception that only Fathers are ordered to pay child support and only Mothers receive child support. Child support is calculated by statute and is based, in part, upon each parents’ income and the amount of overnights the children spend with each parent.

Understandably, most Fathers have concerns that they will not be treated equally in the eyes of the law when it comes to decisions related to their children whether in a dissolution of marriage case, paternity case or modification case. The attorneys at Hertz • Sager have experience in successfully representing Fathers in cases involving a vast array of children’s issues. If you have questions related to your rights as a Father, contact Hertz • Sager to help you protect your rights related to your children.