A child born during a marriage is presumed to be the child of the husband. In some circumstances, this presumption can be rebutted by introducing evidence to the contrary.
Unmarried fathers have the right to time-sharing with their children and have a duty to support them.
An establishment of Paternity is the legal process by which an unmarried father is legally recognized as the father of his minor child. A paternity action, like most actions in family law, requires the filing of a Petition with the court. The court may order scientific testing if the parties are not in agreement as to who is the biological father of the child. A Paternity action will also address a Parenting Plan. A Parenting Plan governs the relationship between the parents and the child(ren) and also includes a time-sharing schedule.
Just as it is possible to petition the court to establish paternity, it is also possible, to file a petition to disestablish paternity or terminate a child support obligation for a child.
This petition must be filed with the court and served on the Mother of the child and must include the following:
- An affidavit that, since the initial paternity determination or child support establishment, newly discovered evidence relating to the paternity of the child has become known to the petitioner.
- The results of scientific tests administered within 90 days of the filing of the petition which indicates that the petitioner cannot be the father of the child, or an affidavit executed by the petitioner stating that he did not have access to the child in order to have the scientific testing performed. If the petitioner had no access to the child, he may request that the court order the scientific testing.
- Information that the father is current on his child support obligation or that he has substantially complied with this obligation and that any failure to comply in full was due to his inability to do so and was for just cause.
Contact us to hire an Orlando Paternity Lawyer regarding your Paternity matter in Orlando, Winter Park, and the surrounding areas. We will fight to protect your rights.