FLORIDA PATERNITY ATTORNEY

Attorney Bradley Sherman frequently helps both men and women with paternity cases, which can often present special challenges. Chapter 742 of the Florida Statutes defines paternity as the legal recognition of a relationship between a father and a child, either by administrative establishment or by court order. Most people are unaware that Florida law opposes children born out of wedlock, and an unmarried male parent has no legal rights as a parent unless he pursues those rights through the law.

Mothers are automatically afforded legal status as parent over their naturally born children. Fathers, on the other hand, do not have legal status until a court order adjudicates them as having legal paternal status. The fact that an unwed father is named as “Father” on a birth certificate has little value under Florida law. This means that neither doctors, teachers, police, nor any other third parties have the legal duty to recognize an unwed father’s rights.

Even fathers ordered to pay child support are not guaranteed the right to time-sharing with their children, nor are they guaranteed the right to make decisions on their children’s behalf. Divorced fathers do have presumptive rights to their children provided that the father was married to the mother when said children were born.

An unwed father who is being denied access to his own children has the right to a DNA test in order to verify his paternal standing. This right, however, is not automatic when the child(ren)’s mother is married to another man at the time of either conception or birth, or both.

If you find yourself a party to any of these legal situations, it is essential to meet with an experienced family attorney in order to address paternity issues. The Law Office of Bradley S. Sherman strongly encourages both fathers and mothers of children born out of wedlock to set up a free initial consultation at our DeLand office in Volusia County. Mr. Sherman has heard countless stories of heartbreak resulting from delays in establishing paternity for such children, and he can help you solve the all-too-common problems you and your loved ones may face.