Miami Paternity Attorney
If a couple was not married when their child was born and paternity was not established pursuant to Florida law, the mother is the sole legal custodian of the child, and shared parental responsibility does not apply until a court order is entered establishing or adjudicating the paternity of the father. The practical implication is that a father in this situation cannot prevent the mother from leaving the state with the child and cannot obtain a court order granting him timeshare until an order is entered by the court establishing paternity. Contact our experienced Miami paternity attorneys for more information, we handle all Florida paternity situations.
A mother may not obtain an order requiring a father to pay child support until an order establishing paternity is entered by the Court. All orders establishing paternity must include a ruling on child support. A timesharing ruling is not required. In the event the order establishing paternity does not address parental responsibility, a parenting plan or timeshare schedule, the mother is deemed to have sole parental responsibility and 100% timeshare.
The spouse of a biological mother is listed as a parent on the child’s birth certificate, and the presumption that the spouse of the biological mother is also the child’s parent is a very strong presumption. Regardless, there are situations in which the child’s biological father seeks to establish paternity even though the mother’s spouse, and not the biological father, is presumed to be the child’s father.
If you need to establish paternity so timesharing and/or or child support can be determined or you need to defend against a paternity case, the Miami paternity attorneys at Foster-Morales PLLC have the experience and expertise to represent you.