Any woman who has a child, any man who has reason to believe that he is the father of a child, or any child may bring a legal proceeding to determine the paternity of a child who was born out of wedlock. The establishment of paternity for a child born out of wedlock is governed under Florida Statute §742.10.
If a mother is married at the time her child is born, her husband is presumed to be the legal father of the child. However, if the mother is not married at the time her child is born, paternity of the child can be established in different ways:
1) By paternity being been raised and determined in a court hearing brought under the statutes governing inheritance, dependency under worker’s compensation, or similar compensation programs;
2) By an affidavit acknowledging paternity or a stipulation of paternity being executed by both parties and filed with the clerk of the court;
3) By paternity being adjudicated in a Department of Revenue proceeding;
4) By the court entering an order establishing paternity in a proceeding for the establishment of Paternity.
Upon paternity being established, the parties can seek to have parental responsibility established and seek to have a time-sharing schedule for the parties and the child. Additionally, a parenting plan can then be entered by agreement between the parties or by the court in the event the parties are unable to agree. Lastly, child support can also be established by agreement or court order once paternity and time-sharing between the parties and the child is established.
The establishment of paternity affords both parties with rights and responsibilities that they otherwise would not have but for paternity being established. For more information regarding the establishment of establishment of paternity, contact Top Rated Florida Family Law Attorney Nilo J. Sanchez Jr.
http://divorce-lawyer-tampa.net
http://divorce-lawyer-tampa.net
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