Many potential clients are unaware of what kind of lawyer or law firm to search for when they need help managing the relationship with the person they have children with but are not married to. To some clients, it may feel like a divorce and believe their family matters should get the same treatment as a divorce. They struggle to find the services they need. But unwed parents who are asking the court to help them with the circumstances surrounding their children fall under another category of family law called a Paternity Action. At Annette Sanchez Law, P.A., Paternity Actions are one of the many family law practice areas we service to the Miami Lakes and South Florida community.
What is a Paternity Action in Florida Family Law?
A Paternity case is the process in which a family law attorney will prove that a named person is the father of a child. It identifies the legal father of the child. Clients are surprised to learn a paternity case can be started before a baby is born. However, the case will not be finalized until after the child’s birth. Clients seeking to establish paternity can be either the mother or the father.
Evidence to Establish Paternity in Florida Family Law
In Florida family law, evidence of paternity may include blood/DNA testing, testimony about sexual relations between parties, evidence of the relationship during the time the woman became pregnant, and admissions of fatherhood.
Why Establish Paternity?
There are many reasons to establish paternity, including:
- Giving the child a known legal father
- Assistance in birthing expenses
- Knowing the child’s family’s medical history
- The child potentially benefitting from an inheritance from the paternal family
For fathers, establishing your paternity legally allows you to move forward with your estate planning as planned without concerns of its validity. Importantly, unless paternity and rights are established, the mother is considered the legal guardian of the child and the father technically does not have a say on many of the decisions regarding the child.
Custody, Child Support, and More
Paternity matters in Florida are not limited to establishing the father of a child. Just like in a divorce, the court in a paternity suit can establish “child custody” (now referred to as time-sharing and parental responsibility) child support, the rights and responsibilities of each parent, and the rights of the child. As such, there are many delicate considerations in paternity cases when determining timesharing and decision making authority.
Factors the court will consider include:
- Criminal history
- Domestic violence
- Drug use
- Distance between the parent’s residences
These issues can create a high conflict litigation, requiring the services a family law attorney who provides the appropriate legal advice for your specific set of circumstances. Ultimately, the court will enter a parenting plan providing clients with the specifics of each parent’s time-sharing schedule, responsibilities to the child, and parental rights. Without an experienced family law attorney, there is a high probability you do not get what you asked for in that parenting plan.
Not a Divorce
Family law matters that involve parents who reside together with children can become confusing to a client. In a divorce, the court can resolve many matters related to the relationship of the marriage such as alimony or property/real estate/business distribution. Unlike a divorce, paternity matters do not resolve these issues because there was not a marriage. Unwed clients who have purchased real estate with the other parent may still file a partition claim (discussed further in our real estate page) to appropriately divide the property. Similarly, there are other practice areas that handle the division of a business. However, the paternity process is limited to the resolving topics related to child support, visitation, and each parent’s responsibilities.
Annette Sanchez Law, P.A. – Representation by a Professional Attorney
Annette Sanchez is an experienced family law attorney in Miami Lakes and South Florida who has extensive experience in all family law matters, including Paternity cases. When it comes to your children, search for a law firm whose primary practice area is family law. The attorneys and staff at Annette Sanchez Law, P.A. are prepared to help clients get the best results while providing excellent service and representation.
Call (or otherwise contact) our office to learn about our family law services, such as paternity actions, and if you qualify for a free consultation. We are located in Miami Lakes, FL, but provide services all throughout South Florida.
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