Legal Question in Family Law in Florida

dads rights

I will be 18 in a month and my babys mother is 17 in a few days. I have just got the dna results back that proves im the father. The mother does not want me to see him. As a matter of fact i havent never seen him. Do i have any rights since we wasnt married.


Asked on 2/14/08, 10:40 pm

4 Answers from Attorneys

James Hart The Hart Law Firm, P.A.

Re: dads rights

I agree with what the other attorneys have said, but also would caution you. Make sure that you are on good terms with the mother's parents. In my experience as a Public Defender, I have seen men in similar situations get charged with statutory rape as a result of their relationship with a minor child. Is it fair? Absolutely not.

There is a good chance that this would never happen - just want to caution you ahead of time.

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Answered on 2/15/08, 1:29 pm

Re: dads rights

You sure do. DNA established you as dad. So you have all the rights and obligations of any father. You can visit and pay child support for your offspring.

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Answered on 2/15/08, 7:53 am

Re: dads rights

If your name is on the birth certificate you are the father in the eyes of the law. If not, you will need to file a Paternity case with the Court. Custody, Visitation and time-sharing can be establishedin that case. The mother will likely have child support established at that time.

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Answered on 2/15/08, 10:30 am
Brent Rose The Orsini & Rose Law Firm

Re: dads rights

Let me clarify a bit on what the other attorneys have said. In Florida, unlike most states, neither your name on the birth certificate nor the DNA test establish your father's rights. Your father's rights are not established until a judge legally declares that you are the father. You'll have to file a paternity suit for that to happen. In the paternity suit, you can request custody or visitation. Child support will also probably be established either for or against you as part of the paternity suit.

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Answered on 2/15/08, 12:13 pm


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