This article continues my discussion on how our state’s laws apply to fathers who have not established parentage. My last article discusses how child support applies to Florida fathers not on a birth certificate. Our state allows a mother to seek two years of support arrearages, in addition to future support, in such situations. Arrearages are calculated based on past earnings and not what a father is earning currently. An experienced attorney can help a party to ensure that the correct amount is being paid. In this article, I will be discussing options for dads who were not listed as the father at birth. If you need assistance, then contact my office today to speak with a Melbourne lawyer.
As I have discussed in my article on the rights of a Florida father who is not on the birth certificate, a father will have no right to custody or visitation until paternity has been established. This includes having no right to input regarding important decisions as well. In other words, a father who has not established paternity will have “no say” in regard to medical decisions, academic choices, etc. A father under these circumstances is effectively parenting at the whim of the mother. If the mom decides that she does not want the dad to see the child then he will have no recourse. It should be noted, however, that if the mother openly acknowledges that the male is the father, and has regularly allowed contact, then simply cutting off visitation can weigh against her in an eventual custody proceeding.
Consider the following example to illustrate the rule from above. Robert and Rita have an eight-year-old child and have never been married. Robert has had the child on the weekends for several years and has paid Rita support. The two have effectively co-parented over this time. A series of disagreements arise and Rita tells Robert he can no longer see the child. Robert’s only option, to enforce visitation, is to file a paternity action. Once paternity is established, then the Court will base its custody decisions on the best interest of the child. The historical relationship shows that Robert has enjoyed weekend visitation for years and, absent a compelling reason, the Court would likely grant him this level of visitation at a minimum. How any judge will rule, however, depends on a range of factors, and one’s situation should be discussed with an attorney.
It is generally advisable that a father establish parentage and gain a child custody order regardless of his situation. Under the example above, the parties could have entered into a custody agreement reflecting their situation. This would have given the dad enforceable rights. Also, in situations where a father goes long periods of time without seeing the child, then he is running the risk of the Court seeing such a situation as the norm when it is making a custody decision. Such a father can still be ordered to pay child support arrears. By gaining a custody order, one can understand their rights and obligations and can ensure that they are enforced.
If you need assistance, then contact my office today to speak with a Melbourne paternity lawyer. I regularly handle matters involving child custody, child support, and work with dads attempting to establish fathers’ rights. I understand the serious nature of such cases and my office will give your matter the attention it deserves. Contact us online or by telephone today.
My firm also services Florida clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid. We are also able to virtually work with clients throughout the state.