Fort Lauderdale Lawyer Helping Fathers Establish Paternity And Parenting Rights
Establishing paternity is often a crucial step in certain family law situations. A mother may need to verify paternity to seek child support payments, or a father may want to be more involved in his child’s life and needs to prove paternity first. Whatever your reason for going through this process, you deserve a trusted attorney on your side every step of the way.
I am Lorri K. Fishman, a Fort Lauderdale family law attorney with over 25 years of experience. Through my firm, Lorri K. Fishman, P.A., I help parents resolve complex paternity issues.
Understanding Biological Versus Legal Paternity
The difference between the biological father and the legal father of a child is crucial when going through this kind of case. The biological father is, as it sounds – the man who is genetically the father of the child. Legal paternity, on the other hand, refers to the person the court recognizes as the child’s legal father. Legal paternity means you have the rights of biological paternity and you are responsible for the financial, physical and emotional care and upbringing of the child.
In most cases, a father has both biological and legal paternity. A married father, for example, is already assumed to be the child’s biological parent and is given legal paternity rights through the marriage. However, if the father is not married to the woman with whom he has a child, he may need to establish paternity first in order to be legally recognized as the father and have the rights and responsibilities of a parent.
Why Is Establishing Paternity So Important?
Establishing paternity helps not only fathers but mothers and children as well. Taking this step can provide certain benefits to everyone in the family, such as:
- The child will have a full family medical history
- The child will know their father’s identity
- The father’s name is included on the birth certificate
- The child can receive health or life insurance from either parent
- The mother can seek child support from the father to help raise the child
- The father can receive custody or visitation rights
- The father can get decision-making rights regarding the child’s education, healthcare, religion and other factors
By establishing paternity, fathers who want to be a part of their child’s life can take on more of the responsibilities of parenting. Legally establishing paternity helps ensure you have the custodial or visitation rights you need to spend quality time with your child and build a strong relationship with them.
This process can be complex and overwhelming. I can help you through the steps, including the paperwork, the DNA test and the court hearing to achieve a positive outcome.
Florida’s Shared Parental Responsibility Laws
In July 2023, a new law regarding paternity and parenting went into effect. This law gives unwed fathers the ability to establish parental rights that were exclusively given to the mother. Previously, the mother of a child born out of wedlock was automatically considered the child’s natural guardian, giving her both the biological and legal rights of raising and caring for a child. In this situation, fathers had no parental rights even when they were recognized as the biological father. A father had to establish paternity to be able to get parental rights.
The new Shared Parental Responsibility After Establishment of Paternity law recognizes that both the mother and father are a child’s natural guardian. Now, unmarried fathers may not have to go through all the complex steps of securing their parental rights. Instead, the law allows both parents to request parental responsibility including creating a parenting plan, time-sharing schedule and child support payments.
As these changes to the process are still new, it can be confusing for many parents. Let me help you understand how this impacts your paternity case and how you can move forward.
Trusted Family Lawyer Who’s On Your Side
Paternity can be a sensitive issue for many fathers and families. I understand the complexities of these cases and can help you along the way, no matter your goals.
Contact my firm at 954-928-9832 today to get started. Or submit an email through the online form.