This article continues my discussion on the rights of dads in our state who have not established parentage. My last article explained options for Florida fathers who are not on the birth certificate. As I explained, the only way for a dad to develop enforceable rights is to establish paternity as, without doing so, he is effectively not a parent in the eyes of the law. An experienced attorney can help one to understand their rights and obligations in a given situation. In this article, I will be discussing why a father may wish to establish paternity as soon as possible. If you need assistance then contact my office today to speak with a Melbourne lawyer.
The first reason why a father should establish paternity and custody is to protect himself against the whims of the mother. It is common for unmarried parents, who have not established parentage, to get along and co-parent for a time. Each of these parents may think that there is no reason to establish custody as they consider things to be “going fine.” It is important to understand, however, that without the establishment of paternity, the mother may cut off visitation with the child at any time. Common reasons for this tend to include the mother wishing to begin a romantic relationship with someone else, disagreements over money or upbringing, or as a reaction to a disagreement. If this occurs, then a dad will have no way to enforce any visitation or input he has been receiving. By establishing custody, one can help to prevent themselves from facing such an issue.
A second reason to establish paternity immediately is to deal with potential child support obligations. As I have stated in my previous articles, dads are sometimes not in a rush to establish paternity as they do not wish to have to begin paying child support right away. The fact of the matter, however, is that a mother may file a paternity case and seek enforcement of child support. This will include the right to obtain up to two years of back payments. Importantly, interest will typically be applied to child support arrearages. This can mean that a father may actually, in the end, pay more for child support by not taking immediate action than he would have by simply establishing paternity.
It is understandable that many dads do not wish to “rock the boat” if they are currently on good terms with the mother. Suppose, for example, that one is currently receiving a level of visitation which they find acceptable and they are already paying child support. If a dad is happy with such an arrangement, then it can be reduced to a legally enforceable order. In other words, the parties can continue to enjoy their current arrangement, but the dad will have greater legal protections. This type of solution can also be of assistance to a mother in that, if the father were to stop paying child support, she would then have an enforceable order. Having a Court Order is often better than not having one, as it helps to prevent chaotic situations from arising.
If you or a family member are in need of assistance, then contact my office today to speak with a Melbourne child custody lawyer. I regularly handle paternity cases and matters involving fathers’ rights. I have devoted much of my career to the handling of family law matters, and I look forward to being of assistance. 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.