Experienced Paternity Rights and Process Lawyers in Miami
It is important to make sure that a father’s rights are protected while also ensuring that he meets all responsibilities as a parent.
Proving paternity is important in cases where there is doubt. Knowing who the father is offers mothers and children the chance to qualify for certain benefits, to achieve peace of mind, and to build a future.
The Point of the Paternity Process
In the State of Florida, paternity proceedings may be brought by the following:
- Any woman who is pregnant or has a child
- Any man who has reason to believe that he is the father of a child
- Any child
In paternity cases, the point is to identify who the father is and to ensure that all legal responsibilities are met. Such proceedings are brought when paternity has not been established by law or in another manner.
Paternity proceedings are held in the circuit court of the county where the child resides. When a petition to establish paternity is filed with the Court, it must include sufficient facts regarding the paternity of a child. Then, the receiving party must be served with proper notice before the matter may proceed. The next step is the mandatory discovery phase of the proceeding before attending mediation.
If the parties are unable to settle during mediation, then a trial will be filed and a trial date will be scheduled. The parties may choose to take depositions and conduct other, more extensive forms of discovery before appearing before the Court for a final determination.
Paternity is determined through DNA testing. Once a child’s paternity has been proven, legal paternity rights are established by the issuance of a court order. Such court orders usually follow DNA testing; however, there are times when both the mother and alleged father agree to paternity prior to or without testing. When such a situation exists the parties may enter into a legal agreement, which will then be used in the establishment of legal paternity rights.
Parent Responsibilities and Rights
There are various rights and responsibilities that may be addressed when paternity is established. These include the ability to share parental responsibility and time with the children, payment of child support, provisions of health insurance, payment for certain expenses associated with the children, such as those related to health issues, extracurricular activities, tutoring, etc.
Contact Miami Paternity Attorney
Paternity may be used to protect the rights of a father, child, and mother. If you have a paternity case, it is important to utilize a skilled, knowledgeable, and experienced Miami Paternity Attorney.
If you are involved in a paternity action, contact the Carolan Family Law Firm, P.A. at (305) 358-2330. We are devoted to protecting the rights of fathers, children, and mothers in paternity cases.
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Determination of paternity proceedings; jurisdiction.
Any woman who is pregnant or has a child, any man who has reason to believe that he is the father of a child, or any child may bring proceedings in the circuit court, in chancery, to determine the paternity of the child when paternity has not been established by law or otherwise.
For more details, read Title XLXII, Ch. 742, §742.011.