Legal Question in Family Law in Florida
My son was born while I was married and my husband claimed my child he wants to be te faster of my child but now that my child is older his biological father who wanted nothing to do with the child is trying to get visitation rights and for me to change my child's name. Also he was 16 at the time of conception I was 20. I herd something about putative father registry and that he would have had to of registered before my child was one month to have any rights to my child is this true? My husband never adopted my child because he didn't need to we were legally married and he is raising the child with me.
3 Answers from Attorneys
Under Florida law, your husband is considered to be the Father of the child. The Florida Putative Father registry has a 30 day cap if an adoption plan is pending which is not the case here. However, he is likely bared from asserting parental rights now because of the length of time that has passed. Florida requires the father to establish a relationship with the child and take timely steps to assert his legal rights. It is unclear from the question how old the child is, but if it has been a number of years, then there is very little chance of him receiving any visitation rights.
the bio father at this time has no standing to bring an action as you do not have to give him a paternity test since your husband is the legal father.
The biological father has no rights to your child. Since you were married when the child was born, your husband, at his option, has all rights to the child, and there is nothing the biological father can do about it.
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