COVID19 Bringing the Importance of Establishing Legal Paternity to Light

Establish Legal Paternity in Florida in the Time of COVID19

If you're an unmarried parent in Florida and you have not considered establishing legal paternity, COVID has been a sad reminder of the importance of doing so. Many unmarried  parents, whether living together or not, successfully co-parent and share time with their children without the intervention of a Florida Family Court. But, what if something catastrophic happens to either parent and why does it matter? 

Benefits of Establishing Legal Paternity in Florida

As a Tampa Paternity Attorney with over 25 years of experience, establishing legal paternity is usually in the very best interest of a minor child. Without first establishing paternity, the child  simply may not be entitled to the benefits that would otherwise be afforded to them should a catastrophic incident occur. In Florida, by default, unmarried mothers have sole custody and parental responsibility of their minor children. So, should the mother to fall ill or pass away prior to the establishment of paternity, the child would not be automatically awarded to the biological father. This is true even if that child has established a relationship with him. If the father passes, the child would not automatically be entitled to the father's insurance benefits or social security benefits if they were applicable. Remember, unless ordered and signed by a Judge, any private agreements between unmarried parents are not legally recognized or enforceable. 

Tampa Parental Rights Attorneys on Establishing Paternity

Aside from catastrophic situations, there are many advantages to establishing paternity legally. Once legal paternity is established in Florida your Tampa child custody attorney can motion the courts to (set) order timesharing and child support. Child support will likely be ordered in most cases and in accordance with Florida child support laws. 

There may be unique cases when child support is not be ordered, however, in most cases, the mother or father will be ordered to pay support. The purpose of child support is to ensure that the child's financial requirements are met and shared equally between both parents. Judges very rarely will deviate from the formula for calculating child support.  

Even though you may have been co-parenting amicably, should situations or attitudes change, legal paternity and court orders for timesharing and support will help to ensure that the rights of the mother and father are protected, but it also aids in keeping the child's best interests at the forefront. 

Read: Tampa Father's Parental Rights Attorney

           Tampa Mother's Parental Rights Attorney

Contact Tampa Paternity & Child Custody Attorneys 

Learn more about establishing legal paternity by visiting our website. Call 813-879-4600 to schedule a consultation with Tampa paternity lawyers Nilo J Sanchez & Associates, or you may leave a secure message on our website. 

Website: https://www.divorce-lawyer-tampa.net/

Tampa Child Custody Attorney on Rights of Unmarried Parents

Sole Parental Responsibility & Timesharing Unmarried Parents - Florida

Both mothers and fathers who are not married may ask the courts for sole parental responsibility once paternity is established. Sole parental responsibility differs from physical custody or "timesharing."  

In Florida, unmarried mothers are considered to have sole legal and physical custody of a child until paternity is legally established. If you are an unmarried mother, establishing legal paternity will help to secure child support. Doing so sooner rather than later, can help you to avoid financial difficulties. Alternatively, fathers who wish to establish a relationship with their child, should establish paternity either by agreement with the mother or other acceptable means by order of the courts especially if you wish to foster a relationship with your child.

Read: Sole Custody and Timesharing Florida 

50/50 Timesharing Florida

Florida does not have a presumption rule for 50/50 custody or timesharing however, the courts  do lean towards equal timesharing when it is in the best interest of the children. Fostering a relationship with both the mother and father is considered in the best interest of the child. Thus, shared parental responsibility and 50/50 timesharing is frequently awarded unless there are specific reasons why timesharing should have limitations. 

Father's Rights Attorney Tampa Bay FL

Unmarried Fathers in Tampa Bay have rights and responsibilities to their children. Tampa Family Law Attorney, Nilo J Sanchez & Associates will fight for your parental rights.

"Hire a Tampa child custody andchild support attorney who has the experience and knowledge you need."

Attorney Sanchez has 25 years of experience and knowledge representing parents who have high conflict child custody issues. Hiring the right Tampa child custody lawyer for your situation, whether you need a lawyer to protect your parental rights or to assist you with a child support issue, will be most beneficial

Why Tampa Bay Fathers Should Establish Paternity

If you have not yet established legal paternity, you have no legal rights to make decisions for your child. Without an order from the courts, you have no rights to "visitation" ( timesharing ) with your child. Frequently, unmarried parents may start out parenting amicably. When challenges or disagreements arise, fathers or mothers who have not yet established paternity may decide that they no longer wish to provide financial support or allow timesharing.

Additionally, fathers who are being denied timesharing and who have contributed financially, may abruptly stop doing so. When paternity is established and a timesharing and parenting plan is in place, Attorney Sanchez can file a motion for enforcement and contempt of timesharing should you be denied timesharing. 

When you stop financially supporting your child prior to establishing paternity, it may not be beneficial if and when the father decides to establish paternity or if the mother seeks to obtain an order for child support. It is best to consult with a Tampa Father's rights attorney before making any abrupt decisions.

Read: Relocating with a Minor Child Florida

Disestablishing Paternity Tampa Bay

It is important to consider hiring a Tampa Bay child custody attorney to establish paternity if you have recently had a child or if you are expecting a child and you are unmarried. Understanding your parental rights and responsibilities is important even prior to the child's birth. Once a father's name is on a birth certificate, this is considered a legal means of establishing paternity in Florida. If for some reason, you suspect the child is not yours or if you are later told the child is not yours but you have signed the child's birth certificate, you will need to seek to disestablish paternity to avoid being financially responsible for the child, if you wish to challenge that you are the child’s father.